Missouri Revised Statutes













Chapter 196

Food, Drugs and Tobacco

←196.291

Section 196.298.1

196.311→

August 28, 2015

Definitions--operation not deemed food service establishment, when--no state or local regulation.

196.298. 1. As used in this section, the following terms shall mean:



(1) "Baked good", includes cookies, cakes, breads, danish, donuts,

pastries, pies, and other items that are prepared by baking the item in an

oven. A baked good does not include a potentially hazardous food item as

defined by department rule;



(2) "Cottage food production operation", an individual operation out

of the individual's home who:



(a) Produces a baked good, a canned jam or jelly, or a dried herb or

herb mix for sale at the individual's home;



(b) Has an annual gross income of fifty thousand dollars or less from

the sale of food described in paragraph (a) of this subdivision; and



(c) Sells the food produced under paragraph (a) of this subdivision

only directly to consumers;



(3) "Department", the department of health and senior services;



(4) "Home", a primary residence that contains a kitchen and

appliances designed for common residential usage.



2. A cottage food production operation is not a food service

establishment and shall not be subject to any health or food code laws or

regulations of the state or department other than this section and rules

promulgated thereunder for a cottage food production operation.



3. (1) A local health department shall not regulate the production

of food at a cottage food production operation.



(2) Each local health department and the department shall maintain a

record of a complaint made by a person against a cottage food production

operation.



4. The department shall promulgate rules requiring a cottage food

production operation to label all of the foods described in this section

which the operation intends to sell to consumers. The label shall include

the name and address of the cottage food production operation and a

statement that the food is not inspected by the department or local health

department.



5. A cottage food production operation shall not sell any foods

described in this section through the internet.



6. Nothing in this section shall be construed to prohibit the

authority of the department of health and senior services or local health

departments to conduct an investigation of a food-borne disease or

outbreak.























(L. 2014 S.B. 525)







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