Home food sellers may offer certain prepared foods directly

A producer may make and sell packaged foods that need time and temperature controls, including tamales, burritos, and tortas. The permission covers direct sales to informed consumers by producers using a home, commercial, private, or public kitchen. A producer may sell one type of food product, with up to five variations at one time. The producer must identify those products for the health department or a local health agency upon request. Meat must be federally inspected or qualify for an inspection exemption. Producers must follow required cooking, cooling, holding, packaging, transport, training, and food-contact rules. These food-sale provisions take effect January 1, 2027.

A producer must register each year before selling food and must use labels with a registration number and a department website for consumer reports and registration checks. These rules apply to producers selling food under the cottage foods section, including sellers of foods requiring time and temperature controls. Health agencies may require corrective plans, extra testing, or extra training after a food illness complaint or suspected outbreak. A producer may face a fine of up to $100 and investigation or inspection costs of up to $1,000. After three violations within 12 months involving covered foods, the producer must stop selling foods that require time and temperature controls under this section. The section does not cover raw milk, certain canned, fermented, or acidified foods, alcohol, cannabinoid products, or specified preservation methods. The registration, labeling, enforcement, and product-exclusion provisions described here take effect January 1, 2027.

The state must transfer $300,000 to a cottage foods cash fund and appropriates $119,354 for the 2026–27 fiscal year to administer the program. The transfers come from the medication administration cash fund and assisted living residence cash fund, while the appropriation supports the Department of Public Health and Environment's environmental health division. The cash fund may also receive money appropriated or transferred by the General Assembly. The appropriation is based on the division using one additional full-time employee. The two $200,000 and $100,000 transfers occur July 1, 2026; the temporary transfer provisions repeal July 1, 2028, and the appropriation covers fiscal year 2026–27.