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ULDC CHAPTER 4 AMENDMENT to allow COTTAGE FOOD AS HOME OCCUPATION

This amendment discusses the regulation of cottage food industries at the federal, state, and county levels, focusing on the exemption of private kitchens from certain regulations as long as specific criteria are met. It delves into the economic development, food safety, and land use implications, along with the pros and cons of allowing cottage food production as a home occupation.

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ULDC CHAPTER 4 AMENDMENT to allow COTTAGE FOOD AS HOME OCCUPATION

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  1. ULDC CHAPTER 4 AMENDMENTto allowCOTTAGE FOOD AS HOME OCCUPATION

  2. Overview REGULATION OF RETAIL FOOD SUPPLY CHAIN IS TOP DOWN: FEDERAL GOVERNMENT Food and Drug Administration (FDA) – Food Code STATE GOVERNMENTS FLORIDA – Dept. of Agriculture and Consumer Services (DACS); Dept. of Business and Professional Regulation; Dept. of Health COUNTY HEALTH DEPARTMENTS Flagler County Health Department Epidemiology (reporting) and Environmental Regulation (inspection)

  3. Overview FEDERAL: The U. S. Food and Drug Administration (FDA) publishes the Food Code which specifically exempts from the definition of food establishment “a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject regulation and inspection by the regulatory authority” The Food Code defines potentially hazardous foods as those requiring time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

  4. BACKGROUND • 2011 Legislative Session- HB 7209 created Cottage Food Industries - exempts private kitchens from regulation but requires compliance with public health standards so long as: -Sales do not exceed $15,000 per year; -No sales are made from the Internet, mail order or wholesale; -Foods are labeled for content, including allergen information; -Foods are labeled as “not subject to Florida’s food safety regulations”; -Only products stored on premise can be sold; -All other regulations are complied with, including applicable county and municipal laws; -Allows DACS, upon receipt of a complaint, to inspect premise, possibly fine (up to $5,000).

  5. BACKGROUND DACS GuidanceIssued 9/11; Updated 4/12: • Only residential kitchen appliances • Allowed and prohibited foods; • Labeling and storage requirements; • Marketing; • Penalties.

  6. PROS & CONS ECONOMIC DEVELOPMENT • Legitimizes activity; • Lowers barriers to entry; FOOD SAFETY • Requires proper notice to public; • Limits types of food production based on scientific input; • Limits distribution by prohibiting Internet, mail order or wholesale sales; • Provides for State inspection if complaint received; • Provides for State penalties; LAND USE: • City regulatory mechanism - Home Occupational Licensing. ECONOMIC DEVELOPMENT • State allowance doesn’t promote true cottage industry; • Competition with established businesses; FOOD SAFETY • ”Buyer beware” – food handling not verified; LAND USE: • Comprehensive Plan & Prosperity 2021 call for strong residential neighborhoods; • No standards for addressing site related, non-food issues; • DACS lead agency to resolve issues; • Expansion of City regulatory authority.

  7. Recommendations • Staff – recommends City Council deny the proposed modification to ULDC allowing cottage foods as a home occupation. • PLDRB recommended allowing cottage food production as a home occupation, subject to compliance with City Home Occupation requirements.

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