Editor’s Note: Doug Farquhar, J.D., is director of government affairs for the Denver-based Environmental Health Association. Once again, he exclusively provided Food Safety News with a detailed report on food safety developments in the 50 states. He developed his system to track state legislative action during his tenure at the National Conference of State Legislatures (NCSL). We are pleased to share your latest findings with our readers.
Of the 348 bills presented in the 2021-2022 legislative sessions on food security, 69 were approved.
Almost all state legislatures have introduced food and food safety related bills, and legislatures in 38 states have introduced food safety legislation. California and New York enacted the newest laws.
The main food safety issue was related to food retail, with 53 bills presented and three approved so far. Meat-related bills were the second most prevalent issue, with 51 bills introduced and seven passed so far.
Food freedom, such as home cooking and microenterprise kitchens, was the third most popular issue with 45 bills submitted, but the most enacted in nine bills.
Other popular food-related issues included food safety with 29 introduced and 2 approved; nutrition with 18 introduced and one approved; restaurants and food establishments with 26 introduced and five approved; food deserts with 30 introduced and two approved; and mobile food trucks with 6 registered and none approved.
Specific Food Legislation and Food Safety
Food Freedom Laws that exempt the production or sale of specific foods from state regulatory oversight use different terms depending on the angle of the specific exemption. These terms include home cooking, micro-enterprise kitchens and food freedom. In addition, concessions were introduced for raw milk that provide for exemptions from regulatory oversight.
All of these exemptions are considered food freedom laws – laws that provide regulatory relief from food safety oversight. While each law varies, they all provide an exemption from state or local oversight of food safety, allowing unregulated food to be sold to the public.
In 2022, 45 bills were introduced related to food freedom, including expanding sales limits in homemade food laws, expanding access to raw milk dairy and allowing private households to prepare, sell and serve food. Of these, nine bills were enacted.
South Carolina enacted SB 506 (Act #208), which amends the state’s home food production law to allow non-potentially hazardous food to be sold directly to retail stores through online sales or ordering. mail directly to consumers. The bill also allows for labeling provided by the Department of Health and Environmental Control rather than requiring the producer’s home address.
Maryland’s HB 178 (Cap. 406) increases annual revenue from home-cooked food operations from $25,000 to $50,000.
Utah amended its home cooking law for microenterprises (HB 292).
The Tennessee legislature has enacted two bills related to food freedom. The Tennessee Food Freedom Act SB 693/HB 813 (Pub. Cap. 862) allows sellers of homemade food products to sell without permission or licensing. Its purpose is to recognize the right of individuals to produce, purchase and consume home-cooked foods of their choice, free from unnecessary and anti-competitive regulations and to foster small business, innovation and economic growth.
South Dakota passed HB 1322 (HJ 688) to expand its Freedom of Food Act to allow for the direct sale of certain foods and food products produced or processed at home.
The Georgia legislature enacted the Georgia Raw Dairy Act (HB 1175).
Kansas has enacted SB 346, which allows for the retail sale of milk and dairy products. The bill authorizes the state secretary of agriculture to declare an imminent health hazard in cases arising from the sale of milk on the farm. The bill also extends specific milk and dairy license fees and sets certain standards for milk.
New Hampshire passed H.B. 95 (Chapter 6), allowing the sale of ice cream or frozen yogurt made from raw milk without a milk producer-distributor license.
The Indiana legislature has enacted HB 1149 (Pub. L. 49), which specifies requirements for preparing and selling food products as a home seller. The bill reorganizes provisions relating to the sale of certain food products by an individual seller at a farmers market or roadside stalls. Allows the sale of poultry, rabbits and eggs at the farmer’s fair or on the roadside if the seller meets specific requirements.
Kansas has enacted SB 346, which allows for the retail sale of milk and dairy products. The bill authorizes the state secretary of agriculture to declare an imminent health hazard in cases arising from the sale of milk on the farm. The bill also extends specific milk and dairy license fees and sets certain standards for milk.
New Hampshire passed H.B. 95 (Chapter 6) which allows the sale of ice cream or frozen yogurt made from raw milk without a milk producer-distributor license.
The Indiana legislature has enacted HB 1149 (Pub. L. 49), which specifies requirements for preparing and selling food products as a home seller.
In Maine, the legislature amended the state’s Food Sovereignty Act (HP 519; LD 574) to recognize that a county may adopt ordinances relating to direct producer-to-consumer transactions within one or more unorganized territories within that county. The state food safety agency must recognize such ordinance by failing to enforce these laws or implementing rules relating to direct producer-to-consumer transactions governed by the ordinance.
Maine also amended its constitution on the right to food. The amendment states that “all individuals have the natural, inherent and inalienable right to save and exchange seeds and the right to cultivate, cultivate, harvest, produce and consume the foods of their choice for their own nutrition, and the sale of raw milk and raw dairy products for human consumption”.
The project addresses norms, labeling and adulteration of raw milk to authorize and regulate the production, handling, transport, safety, cleaning and health of these products and the animals used to produce them. The bill authorizes the state agriculture commissioner to enforce these standards. For certain food products by an individual seller at a farmer’s market or roadside stall, the requirements to prepare and sell food products as a home seller. This bill reorganizes provisions relating to the sale of poultry, rabbits and eggs at a farmers market or roadside stands if the seller meets specific requirements.
Food Safety and Food Codes State legislatures introduced 40 bills related to food safety and/or food codes in 2022; however, only three passed.
The California food code changes are:
Other bills include New York AB 10607, which establishes a food supply working group; North Carolina HB 735 authorizing the public health commission to adopt rules that incorporate all or part of the most recent edition of the FDA Food Code; and New Hampshire SB 133 which sets out program rules within the Department of Health and Human Services for sanitary production and food distribution.
The meat and cell-based meat legislatures enacted 12 meat bills in 2022. For this session, the key issue was regulatory simplification, with bills passed in California, Illinois, Iowa, Mississippi, Nebraska, New Hampshire and Virginia. Cell-based meat (i.e., lab-grown meat) was the top issue during the 2021 session.
Arkansas S.B. 22 (Law 14) funds the Beef Council for 2022-2023.
In California, the legislature enacted SB 815 (Cap. 392) extending through January 1, 2027, provisions of current law that allow the California Department of Food and Agriculture to collect fees for initial licensing and renewal of licenses for inspectors. beef, poultry meat inspectors and processing inspectors. These provisions are set to expire on January 1, 2022.
The Iowa legislature enacted SF 2245, which provides a personal use exemption from state licensing for a person who slaughters, processes, or prepares the person’s livestock or poultry solely for the person’s family, non-paying guests, or non-paying employees. .
Illinois enacted SB 3838 (Public Act 102-0862), which allows a farmer who sells meat, poultry, eggs or dairy from the farmer’s farm to be exempt from licensing by the farmer’s local health department under specified conditions.
In Mississippi, the legislature enacted HB 1130, which separates the combined seafood dealer and processor license into two separate licenses.
The North Dakota legislature passed a resolution (HCR 3024) on cell-based meats. At the same time, the resolution urges Congress to amend federal law, policies and regulations related to food safety and labeling to allow for standards and criteria to differentiate food products derived from animal products from those derived from cell-cultured meat products and produced in the laboratory.
Nebraska LB 324 amends the provisions of the Nebraska Meat and Poultry Inspection Act.
The legislature in New Hampshire enacted HB 437, which establishes a committee to study the shortage of animal slaughter and meat processing facilities and the implementation of a meat inspection program in the state.
The Virginia legislature has enacted three meat-related bills. HB 830 and SB 726 refer to meat processing and slaughtering facilities. These projects encourage, expand and promote the development of slaughtering and meat processing units through strategic planning and financial incentive programs. They also direct the Department of Agriculture and Consumer Services to develop a 5-year strategic plan to increase the total combined processing capacity of the slaughterhouse and meat processing facilities.
Virginia SB 358 (Cap. 406) refers to the seafood industry. This bill directs the governor or secretary of labor to designate a liaison to address the needs of the seafood industry workforce by 1) promoting the interests of employees and employers in the seafood industry; 2) assist employees and employers in understanding the rights and processes available to them, including those related to temporary work visas; 3) answer questions; 4) referral to public and private bodies upon request; and 5) annual reports on liaison activities to the Chamber of Commerce and Energy and Agriculture Committees. Food Retail and Food Facilities.
Legislatures introduced 88 bills related to food retail, food facilities, and restaurants during the 2022 legislative session. Bills were enacted in Illinois, Georgia, Mississippi, Ohio, Pennsylvania, Virginia, and Wisconsin.
In Georgia, the legislature enacted SB 396 (Act 600), which renames the State Nutrition Assistance Program (SNAP) to the Georgia Grown Farm to Food Bank (F2FB) Program. This bill requires that food purchased under the SNAP program be grown in Georgia, annual reports to identify and list Georgia-grown farmers who have provided food, and authorizes persons who provide services to the SNAP program or the Department of Agriculture to receive food from the program if you qualify as a recipient.
New York SB 1630 (Cap. 693) requires third-party delivery services to have a valid contract with a merchant before advertising, promoting or selling the merchant’s products on its platform and prohibits the inclusion of an indemnity clause in such agreements.
The New Hampshire legislature enacted HB 539 (Cap. 144), which requires a food delivery service to agree with a food service establishment or retail food store before offering delivery services.
Food Deserts During the 2022 legislative session, 30 bills on food deserts were introduced, a large increase from previous sessions, when no bill on the topic was introduced.
Missouri, Mississippi, New York, and West Virginia legislatures introduced and revised legislation related to food deserts; however, only bills in Maine and Maryland were passed.
The Maryland legislature enacted HB 680 (Cap. 338) which authorizes Baltimore County to grant a property tax credit to grocery businesses that complete the construction of a new supermarket or any substantial renovation of an existing supermarket located in an area incentive to retail food in the desert.
In Maine, the legislature passed the Support to Farms and Addressing Food Insecurity bill (LD 691, Cap. 468). This bill provides incentives for participants in the federal food and nutrition assistance program to purchase locally grown fruits and vegetables. The project also supports outreach to the administration of programs that provide nutritional incentives to participants in the federal food and nutrition assistance program.
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