2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. IAN PATON

BILL M 206 – 2020

HOME-BASED CRAFT FOOD 2.0 ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"home-based craft food" means food produced by an individual, operating out of the individual's home who produces:

(

a) lower risk food as described in

section 3 that is not time or temperature controlled for safety and or

(

b) higher risk food as described in

section 3 which is time and/or temperature controlled for safety.

Purpose of the Act

2 The Act allows individuals to sell certain foods made in home kitchens, without having to obtain a food establishment licence, use a commercial kitchen, or be subject to inspections by the province or local health authorities.

Time or temperature controlled food

(1) Lower risk food means food in a form or state that is not capable of supporting the growth of disease causing organisms or the production of toxins and where one or more of the following factors apply to these foods:

(

a) the food must have water activity (Aw) of 0.85 or less, or

(

b) the food must have a pH (Hydrogen ion concentration) value of 4.6 or less, and

(

c) the food with a pH or an Aw as described in paragraphs (

a) or (b), is lower risk food verified through commercial testing laboratories;

(

d) sanitize means to use heat or chemicals to reduce the micro-organisms on a surface by 99.99%.

(2) Higher risk food means food is capable of supporting growth of disease-causing microorganisms, or the production of toxins and therefore the following requirements must apply for these foods to be prepared packaged and delivered to consumers from a home kitchen:

(

a) completion of a Food Safe Level 2 Food Safety Plan.

Certain foods

4 A home-based craft food production operation means an individual, operating out of the individual's home, who produces any of the following:

(1) lower risk foods at the individual's home:

(

a) a baked good that is not time and temperature controlled;

(

b) candy;

(

c) coated and uncoated nuts;

(

d) fruit butters;

(

e) a canned jam or jelly, that are pH 4.6 or less or Aw of 0.85 or less;

(

f) a fruit pie;

(

g) dehydrated fruit or vegetables including dried beans;

(

h) popcorn and popcorn snacks;

(

i) cereal, including granola;

(

j) dry mix;

(

k) vinegar, wine vinegar, herb vinegar;

(

l) pickled fruit or vegetables including beets and carrots, that are preserved in vinegar, brine or similar solution at an equilibrium pH value of 4.6 or less;

(

m) mustard;

(

n) roasted coffee or dry tea;

(

o) a dried herb or dried herb mix;

(

p) plant-based acidified canned goods, that are pH 4.6 or less or Aw of 0.85 or less;

(

q) syrup, that are pH 4.6 or less or Aw of 0.85 or less;

(

r) relish, that are pH 4.6 or less or Aw of 0.85 or less;

(

s) salsa, that are pH 4.6 or less or Aw of 0.85 or less;

(

t) honey;

(

u) noodles;

(

v) fresh fruit and vegetables;

(

w) fudge;

(

x) toffee;

(

y) microgreens;

(

z) apple sauce.

(2) higher risk foods at the individual's home:

(

a) eggs must be maintained at 4 degrees or colder from point of packaging through to consumer receiving;

(

b) raw meat, poultry and fish products must be frozen from point of packaging through to consumer receiving;

(

c) canned products must be cooked for an equivalent of 121.1 degrees Celsius (250 degrees Fahrenheit) for 3 minutes;

(

d) if food is meant to be refrigerated it must be delivered to consumer at 4 degrees or less;

(

e) if food is meant to be hot it must be delivered to consumer at 60 degrees or above.

Labels

5 All home-based craft food must be labeled and contain the following information:

(

a) name and physical address of the home-based craft food production;

(

b) the common or usual name of the product;

(

c) if the food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk, or wheat then that ingredient must be listed on the label;

(

d) a statement that "This food is made in a home kitchen and is not inspected by the Ministry of Health or local health authority";

(

e) all raw meat, poultry and fish products must be labeled with packaging date and notice to keep frozen.

Where can an individual sell

6 Subject to

section 7 an individual may sell home-based craft food as described in Sections 1, 3 and 4 anywhere in the province of British Columbia.

Restrictions and conditions

7 An individual who sells home-based craft food must comply with the following restrictions and conditions:

(

a) individuals of home prepared foods, may sell lower risk and/or higher risk foods;

(

b) the individual has an annual gross income of $75, 000 or less from the sale of food described in Sections 1, 3 and 4;

(

c) the individual has a valid Food Safe Level 1 certificate for lower risk food and Food Safe Level 2 for higher risk food; and

(

d) the individual has a valid business permit from their local government.

Commencement

8 This Act comes into force on the date it receives Royal Assent.

Copyright (

c) Queen's Printer, Victoria, British Columbia, Canada