2019 Legislative Session: 4th 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 228 – 2019

HOME-BASED CRAFT FOOD ACT

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

Definition

1 In this Act:

"home-based craft food" means food produced by an individual, operating out of the individual's home who produces lower risk food as described in

section 3 that is not time 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:

(

a) the food must have water activity (aw) of 0.85 or less;

(

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

(

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.

(2) Higher risk food means food in a form or state which is capable of supporting growth of disease-causing microorganisms, or producing toxins.

(3) Individuals of home prepared foods must only sell foods which are considered to be lower risk food.

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 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 is 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 is pH 4.6 or less or aw of 0.85 or less;

(

r) relish, that is pH 4.6 or less or aw of 0.85 or less;

(

s) salsa, that is 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.

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; and

(

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

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 must only sell foods that are considered to be lower risk food,

(

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, and

(

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

Commencement

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

Copyright (

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