ULDC CHAPTER 4 AMENDMENT to allow COTTAGE FOOD AS HOME OCCUPATION. Overview. REGULATION OF RETAIL FOOD SUPPLY CHAIN IS TOP DOWN: FEDERAL GOVERNMENT Food and Drug Administration (FDA) – Food Code STATE GOVERNMENTS
ULDC CHAPTER 4 AMENDMENTto allowCOTTAGE FOOD AS HOME OCCUPATION
REGULATION OF RETAIL FOOD SUPPLY CHAIN IS TOP DOWN:
Food and Drug Administration (FDA) – Food Code
FLORIDA – Dept. of Agriculture and Consumer Services (DACS); Dept. of Business & Prof. Reg.; Dept. of Health.
COUNTY HEALTH DEPARTMENTS
Flagler County Health Department
Epidemiology (reporting) and Environmental Regulation (inspection)
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.
-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).