S 0506 {Rat #236, Act #208 of 2022} General Bill, By Kimbrell, Rice, Garrett, Talley, 
M.Johnson, Fanning, Corbin, Alexander and Gustafson
 AN ACT TO AMEND SECTION 44-1-143, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REQUIREMENTS FOR HOME-BASED FOOD PRODUCTION OPERATIONS, SO AS TO
 EXPAND THE TYPES OF NONPOTENTIALLY HAZARDOUS FOODS THAT MAY BE SOLD TO INCLUDE
 ALL NONPOTENTIALLY HAZARDOUS FOODS, TO ALLOW FOR DIRECT SALES TO RETAIL
 STORES, TO ALLOW FOR ONLINE AND MAIL ORDER DIRECT-TO-CONSUMER SALES, AND TO
 ALLOW HOME-BASED FOOD PRODUCTION OPERATORS TO PROVIDE ON THEIR LABELS AN
 IDENTIFICATION NUMBER PROVIDED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
 CONTROL, AT THE OPERATOR'S REQUEST, IN LIEU OF THEIR ADDRESSES. - ratified
 title

   01/28/21  Senate Introduced and read first time (Senate Journal-page 6)
   01/28/21  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 6)
   02/03/21  Senate Recalled from Committee on Medical Affairs
                     (Senate Journal-page 29)
   02/03/21  Senate Committed to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 29)
   03/02/21  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources
                     (Senate Journal-page 14)
   03/03/21         Scrivener's error corrected
   03/10/21  Senate Committee Amendment Adopted (Senate Journal-page 18)
   03/10/21  Senate Amended (Senate Journal-page 18)
   03/10/21  Senate Read second time (Senate Journal-page 18)
   03/10/21  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 18)
   03/11/21  Senate Read third time and sent to House
                     (Senate Journal-page 11)
   03/11/21         Scrivener's error corrected
   03/11/21  House  Introduced and read first time (House Journal-page 46)
   03/11/21  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 46)
   04/21/22  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 82)
   04/25/22         Scrivener's error corrected
   04/26/22  House  Amended (House Journal-page 21)
   04/26/22  House  Read second time (House Journal-page 21)
   04/26/22  House  Roll call Yeas-109  Nays-0 (House Journal-page 22)
   04/27/22  House  Read third time and returned to Senate with
                     amendments (House Journal-page 28)
   05/03/22  Senate Non-concurrence in House amendment
                     (Senate Journal-page 66)
   05/03/22  Senate Roll call Ayes-0  Nays-40 (Senate Journal-page 66)
   05/04/22  House  Conference committee appointed  Matthews, Jones,
                     McGarry (House Journal-page 3)
   05/04/22  Senate Conference committee appointed  Climer, Fanning,
                     Kimbrell (Senate Journal-page 17)
   05/12/22  House  Conference report received and adopted
   05/12/22  House  Roll call Yeas-100  Nays-0
   05/12/22  Senate Conference report received and adopted
                     (Senate Journal-page 97)
   05/12/22  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 97)
   05/12/22  Senate Ordered enrolled for ratification
                     (Senate Journal-page 102)
   05/18/22         Ratified R  236
   05/23/22         Signed By Governor
   06/01/22         Effective date  05/23/22
   06/01/22         Act No.  208

(A208, R236, S506)

AN ACT TO AMEND SECTION 44-1-143, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR HOME-BASED FOOD PRODUCTION OPERATIONS, SO AS TO EXPAND THE TYPES OF NONPOTENTIALLY HAZARDOUS FOODS THAT MAY BE SOLD TO INCLUDE ALL NONPOTENTIALLY HAZARDOUS FOODS, TO ALLOW FOR DIRECT SALES TO RETAIL STORES, TO ALLOW FOR ONLINE AND MAIL ORDER DIRECT-TO-CONSUMER SALES, AND TO ALLOW HOME-BASED FOOD PRODUCTION OPERATORS TO PROVIDE ON THEIR LABELS AN IDENTIFICATION NUMBER PROVIDED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AT THE OPERATOR'S REQUEST, IN LIEU OF THEIR ADDRESSES.

Be it enacted by the General Assembly of the State of South Carolina:

Home-based food production

SECTION    1.    Section 44-1-143 of the 1976 Code is amended to read:

"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 nonpotentially hazardous foods for sale directly to a person, including online and by mail order, or to retail stores, including grocery stores. 'Home-based food production operation' does not include preparing, processing, packaging, storing, or distributing aluminum canned goods or charcuterie boards.

(2)    'Nonpotentially hazardous foods' are foods that are not potentially hazardous.

(3)    'Person' means an individual consumer.

(4)    'Potentially hazardous foods' 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)    >0.92-0.95        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 area in the dwelling in which the home-based food production operation is located while food items are being prepared, processed, or packaged and prohibiting these animals from having access to or coming in contact with stored food items and food items being assembled for distribution;

(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

(5)    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 nonpotentially 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. If a home-based food production operator does not want to include his address on the label, then the department shall provide an identification number to the operator, upon the operator's request, that can be used on the label instead;

(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: '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 only may sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail stores, including grocery stores. Food produced from a home-based food production operation shall be considered to be from an approved source, as required of a retail food establishment pursuant to Regulation 61.25. Any retail stores, including grocery stores, that sell or offer to sell home-based food products must post clearly visible signage indicating that home-based food products are not subject to commercial food regulations.

(F)    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.

(G)    The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1).

(H)    [Deleted]

(I)    The provisions of this section apply in the absence of a local ordinance to the contrary."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2022.

Approved the 23rd day of May, 2022.