View Amendment Current Amendment: 12091AC12.docx to Bill 1035     The Committee on Medical Affairs proposed the following amendment (NBD\12091AC12):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 1, Title 44 of the 1976 Code is amended by adding:

    "Section 44-1-143.     (A)     For the purposes of this section:
        (1)     'Home-based food production operation' means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, and distributes non-potentially hazardous foods for sale directly to a person.
        (2)     'Non-potentially hazardous foods' are jams, jellies, candy, and baked goods that are not potentially hazardous foods.
        (3)     'Person' means an individual consumer.
        (4)     "Potentially hazardous food" includes:
            (a)     an animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts; cut melons, cut leafy greens; cut tomatoes or mixtures of cut tomatoes not modified to prevent microorganism growth or toxin formation; garlic-in-oil mixtures not modified to prevent microorganism growth or toxin formation;
            (b)     certain foods that are designated as Product Assessment Required (PA) because of the interaction of the ph and Aw values in these foods. Below is a table indicating the interaction of pH and Aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged:
        Aw values                                         pH values
                                        4.6 or less         >4.6 - 5.6                 >5.6
    (1)     <0.92                     non-PHF             non-PHF                 non-PHF
    (2)     >0.92 - .95             non-PHF             non-PHF                 PHF
    (3)     >0.95                     non-PHF             PHF                         PHF
Foods in item (2) with a ph value greater than 5.6 and foods in item (3) with a ph-value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code.
    (B)     The operator of the home-based food production operation must take all reasonable steps to protect food items intended for sale from contamination while preparing, processing, packaging, storing, and distributing the items, including, but not limited to:
        (1)     maintaining direct supervision of any person, other than the operator, engaged in the processing, preparing, packaging, or handling of food intended for sale;
        (2)     prohibiting all animals, including pets, from entering the dwelling in which the home-based food production operation is located;
        (3)     prohibiting all domestic activities in the kitchen while the home-based food production operation is processing, preparing, packaging, or handling food intended for sale;
        (4)     prohibiting any person who is infected with a communicable disease that can be transmitted by food, who is a carrier of organisms that can cause a communicable disease that can be transmitted by food, who has an infected wound, or who has an acute respiratory infection from processing, preparing, packaging, or handling food intended for sale by the home-based food production operation; and
        (6)     ensuring that all people engaged in processing, preparing, packaging, or handling food intended for sale by the home-based food production operation are knowledgeable of and follow safe food handling practices.
    (C)     Each home-based food production operation shall maintain a clean and sanitary facility to produce non-potentially hazardous foods including, but not limited to:
        (1)     department-approved water supply;
        (2)     a separate storage place for ingredients used in foods intended for sale;
        (3)     a properly functioning refrigeration unit;
        (4)     adequate facilities, including a sink with an adequate hot water supply to meet the demand for the cleaning and sanitization of all utensils and equipment;
        (5)     adequate facilities for the storage of utensils and equipment;
        (6)     adequate hand washing facilities separate from the utensil and equipment cleaning facilities;
        (7)     a properly functioning toilet facility;
        (8)     no evidence of insect or rodent activity; and
        (9)     department-approved sewage disposal, either onsite treatment or publicly provided.
    (D)     All food items packaged at the operation for sale must be properly labeled. The label must comply with federal laws and regulations and must include:
        (1)     the name and address of the home-based food production operation;
        (2)     the name of the product being sold;
        (3)     the ingredients used to make the product in descending order of predominance by weight; and
        (4)     a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: 'NOT FOR RESALE - PROCESSED AND PREPARED BY A HOME BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS.'
    (E)     Home-based food operations may only sell, or offer to sell, food items directly to a person for his own use and not for resale. A home-based food operation may not sell, or offer to sell, food items at wholesale. Food produced from a home-based food production operation must not be considered to be from an approved source, as required of a Retail Food Establishment pursuant to Regulation 61.25.
    (F)(1)     The department shall investigate a complaint from a consumer that alleges a violation of this section and may enter upon and inspect the premises of the home-based food production operation to investigate the alleged violation.
        (2)     The department also may enter upon and conduct random inspections of the premises of a home-based food production operation to determine if the operation is in compliance with this section.
        (3)     A home-based food production operation shall make the facility available for inspections by the department during normal working hours Monday through Friday.
    (G)     A home-based food production operation is not a retail food establishment and is not subject to regulation by the department pursuant to Regulation 61-25."

SECTION     2.     This act takes effect upon approval by the Governor.         /
    Renumber sections to conform.
    Amend title to conform.