Community Development Department COTTAGE FOOD INDUSTRY DISCUSSION Overview

Community Development Department COTTAGE FOOD INDUSTRY DISCUSSION

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

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 also provides guidance on what foods are considered not potentially hazardous. Community Development Department

Cottage Food Laws by State Community Development Department

BACKGROUND • 2011 Legislative Session- HB 7209 created a new section for Cottage Food Industries that 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). Community Development Department

What are other Cities/Counties doing? • Town of Davie – adopted ordinance mirroring State law but prohibits sales from home; • Other jurisdictions – Modifying/allowing existing regulations. Community Development Department

PROS 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 wholesales; • Provides for State inspection if complaint received; • Provides for State penalties; LAND USE: • City regulatory mechanism Home Occupational Licensing. & CONS 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; • ULDC prohibits food preparation as Home Occupation; • No standards for addressing site related, non-food issues; • DACS lead agency; • Expansion of regulatory authority. Community Development Department