OLR Bill Analysis

sHB 5819 (as amended by House “A”)*

AN ACT ALLOWING THE PRODUCTION AND SALE OF ACIDIFIED FOOD PRODUCTS ON RESIDENTIAL FARMS.

SUMMARY:

Current law allows the sale of jams, jellies, or preserves on a residential farm that were prepared (1) with fruit grown on the farm and (2) in a room on the farm that is used as living quarters and exempts their preparation from any state or local agency inspection.

The law requires each jam, jelly, or preserves container offered for sale on the farm to have on its label, in ten-point type: “Not prepared in a government inspected kitchen. ” The bill adds “acidified foods” to this exemption and labeling requirement. It establishes the following specific preparation criteria acidified food must meet for the exemption.

1. The farm's water supply must come from a public water supply system or a private well that is tested annually, and tests negative for, coliform bacteria.

2. A laboratory performs a pH test of the food product after the product recipe is completed.

3. Use of the kitchen where the acidified food is prepared is restricted during preparation.

4. The food preparer (a) has successfully completed an examination of safe food handling techniques administered by an organization approved by the Department of Public Health for qualified food operators and has documentation to show this and (b) the documentation is made available to the local health department or the Department of Consumer Protection upon request.

The bill defines “acidified food product” as a food item with a pH value of 4. 6 or less upon completion of the recipe making the product, including pickles, salsa and hot sauce, produced on the premises of a residential farm, and that does not include food consisting in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean ingredients or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

Finally, the bill redefines jam, jelly, and preserves to include products made with vegetables.

*House Amendment “A” eliminates the requirement in the original bill (File 369) that acidified foods be canned; redefines jam, jelly, and preserves to include products made with vegetables; and adds the acidified food production criteria.

EFFECTIVE DATE: January 1, 2010

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

29

Nay

0

(03/13/2009)

General Law Committee

Joint Favorable

Yea

17

Nay

1

(04/14/2009)

Public Health Committee

Joint Favorable

Yea

27

Nay

2

(04/28/2009)