Federal and state laws require that most food sold to the public be made in licensed facilities open to government inspectors. But as more people become interested in buying local food, a few states have created exemptions for amateur chefs who sell homemade goods at farmers markets and on small farms.
The exemptions have touched off a debate about how to balance the need for food safety with a dose of regulatory common sense, cites a report from the Associated Press. Supporters say they recognize food safety regulations designed for big commercial food handlers can be a burden for small-time cooks who just want to make a few extra bucks selling canned goods or other specialty products. Opponents say that without regulation, the public is at risk for food-borne illnesses.
States enacting or considering such legislation include:
- Wisconsin lawmakers enacted the Pickle Bill in February, allowing small vendors to sell high-acid canned foods, such as pickled fruits, salsas and sauerkraut, without a license. It does not apply to low-acid canned goods, such as pickled eggs, which typically carry a higher risk of contamination. The Pickle Bill applies to people who earn less than $5,000 a year from food sales, but their products must be labeled as made in a facility not subject to state inspection.
- Wyoming doesn't require licenses for people making "non-hazardous" foods such as jams, jellies and baked goods, but Rep. Sue Wallis, R-Recluse, wants to eliminate all restrictions when cooks sell products directly to informed consumers. Her legislation, which wouldn't apply to foods sold in stores or served to schoolchildren, was tabled during the last legislative session but she plans to reintroduce it.
- Lawmakers in Maine approved legislation last year exempting small chicken farmers from stringent processing rules that apply to larger poultry producers. Those with fewer than 1,000 birds don't need to use the extensive slaughtering facilities, but their products also must be labeled accordingly.
- Variations of the Maine law have been considered in states such as Texas and Virginia but haven't passed.
- Tennessee passed a law last year that exempts charities and nonprofits from food-safety rules.