Louisiana HB 150: SMALL BUSINESS: Provides for the production of homemade food for sale to the public

Bill Text

HLS 25RS-134 REENGROSSED
2025 Regular Session
HOUSE BILL NO. 150
BY REPRESENTATIVES COATES AND DICKERSON AND SENATOR MIZELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SMALL BUSINESS: Provides for the production of homemade food for sale to the public
1 AN ACT
2 To amend and reenact R.S. 40:4.9(B) and to enact R.S. 40:4.13, relative to the production
3 of homemade food for sale to the public; to provide for definitions; to create an
4 exemption to licensing requirements for certain food producers; to establish
5 categories of farm food products based on temperature and safety requirements; to
6 establish labeling requirements for farm food products; to provide for the collection
7 of taxes; to provide for income limitations; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:4.9(B) is hereby amended and reenacted and R.S. 40:4.13 is
10 hereby enacted to read as follows:
11 §4.9. Low-risk foods; preparation in home for public consumption
12 * * *
13 B. This Section shall not apply to any preparer of low-risk foods made at a
14 home for sale, whose gross annual sales equal thirty thousand one hundred fifty
15 thousand dollars or more.
16 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 25RS-134 REENGROSSED
HB NO. 150
1 §4.13. Farm food production; requirements
2 A. As used in this Section, the following definitions apply:
3 (1) "Farm food product" means any homemade or home-grown food that is
4 cooked, baked, preserved, acidified, fermented, or dehydrated and, if packaged,
5 packaged at the residential farm of the preparer.
6 (2) "Non-potentially hazardous food" means a farm food product that does
7 not require time or temperature control for safety to limit pathogenic microorganism
8 growth or toxin formation.
9 (3) "Potentially hazardous food" means a farm food product that requires
10 time or temperature control for safety to limit pathogenic microorganism growth or
11 toxin formation or consists of animal muscle protein or fish protein.
12 (4) "Residential farm" means a farm food product preparer's residence where
13 farm food products are grown, raised, or processed. To be considered a residential
14 farm, the preparer's farm shall be registered with the United States Department of
15 Agriculture and have a Farm Service Agency number identifying the farm.
16 B. No provision of the state Sanitary Code or any provision of any other law
17 or regulation that requires any equipment, design, construction, utensils, supplies,
18 preparation, or services shall apply to the preparation and sale of a farm food product
19 except as provided for in this Section.
20 C. A preparer of a farm food product, which includes potentially and non-
21 potentially hazardous foods, shall adhere to all of the following requirements:
22 (1) A preparer shall label any farm food product offered for sale. The label
23 shall contain all of the following:
24 (a) A statement that the farm food product is exempt from state licensing and
25 inspection.
26 (b) The name, address, and telephone number of the preparer.
27 (c) The ingredients of the farm food product in descending order of
28 predominance.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 25RS-134 REENGROSSED
HB NO. 150
1 (2) A preparer shall only use pasteurized milk or pasteurized milk products
2 in the preparation of a potentially hazardous food.
3 (3) A preparer shall maintain cooking and production areas used to produce
4 a farm food product in a clean and sanitary manner.
5 (4) A preparer shall ensure cooking and production areas are free from
6 domestic pets while preparing a farm food product.
7 (5) A preparer shall maintain all equipment used or connected with the
8 producing, storing, or processing of a farm food product in a clean and sanitary
9 manner, free from any cracks and, wherever possible, be composed of a non-
10 corroding metal, or other smooth, impervious material. Stationary or non-readily
11 movable equipment shall be installed in a manner that allows for easy cleaning.
12 (6) A preparer shall not sell any farm food product containing cannabidiol
13 or tetrahydrocannabinol.
14 (7) A preparer shall not sell a farm food product unless the individual is
15 registered to collect any local sales and use taxes that are applicable to the sale of a
16 farm food product. As evidence of registration, the preparer shall possess a current
17 sales tax certificate issued to the preparer by the sales and use tax collector for the
18 parish in which the sales occur.
19 (8) A preparer shall own a farm that is registered with the United States
20 Department of Agriculture as evidenced by a Farm Service Agency number.
21 D. A preparer of potentially hazardous food shall adhere to all of the
22 following additional requirements