South Carolina General Assembly
124th Session, 2021-2022

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S. 506

STATUS INFORMATION

General Bill
Sponsors: Senators Kimbrell, Rice, Garrett, Talley, M. Johnson, Fanning and Corbin
Document Path: l:\s-res\jk\004cott.kmm.jk.docx

Introduced in the Senate on January 28, 2021
Currently residing in the Senate

Summary: Home-based food products

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/28/2021  Senate  Introduced and read first time (Senate Journal-page 6)
   1/28/2021  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 6)
    2/3/2021  Senate  Recalled from Committee on Medical Affairs 
                        (Senate Journal-page 29)
    2/3/2021  Senate  Committed to Committee on Agriculture and Natural 
                        Resources (Senate Journal-page 29)
    3/2/2021  Senate  Committee report: Favorable with amendment Agriculture 
                        and Natural Resources (Senate Journal-page 14)
    3/3/2021          Scrivener's error corrected

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/28/2021
3/2/2021
3/3/2021

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 2, 2021

S. 506

Introduced by Senators Kimbrell, Rice, Garrett, Talley, M. Johnson and Fanning

S. Printed 3/2/21--S.    [SEC 3/3/21 11:59 AM]

Read the first time January 28, 2021.

            

THE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

To whom was referred a Bill (S. 506) to amend Section 44-1-143 of the 1976 Code, relating to requirements for home-based food production operations, to expand the types of nonpotentially hazardous foods that, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/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 candy and baked goods that are not potentially hazardous foods.

(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: '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 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 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. 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 five fifteen hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1).

(H)    [Deleted]. In addition to penalties provided by regulation, violations of this section shall, for a first offense, be punishable by a warning. Repeated non-minor violations may be punishable by a fine not exceeding one hundred dollars per violation.

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

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

Renumber sections to conform.

Amend title to conform.

DAVID WESLEY CLIMER for Committee.

            

A BILL

TO AMEND SECTION 44-1-143 OF THE 1976 CODE, RELATING TO REQUIREMENTS FOR HOME-BASED FOOD PRODUCTION OPERATIONS, 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, 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, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

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.

(2)    'Nonpotentially hazardous foods' are foods candy and baked goods that are not potentially hazardous foods.

(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: '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 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 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)    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 five fifteen hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1).

(H)    [Deleted]. Violations of this section shall, for a first offense, be punishable by a warning. Repeated non-minor violations may be punishable by a fine not exceeding one hundred dollars per violation.

(I)    This section preempts county, municipal, and other political jurisdictions, from prohibiting or regulating home-based food production operations and sales."

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

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