MR. IAN PATON

BILL M 207 – 2022

HOME-BASED CRAFT FOOD ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

1 In this Act:

"higher risk food" means food that is capable of supporting the growth of disease-causing micro-organisms or the production of toxins;

"home-based craft food" means the following food that is produced by an individual operating out of the individual’s home:

(a) lower risk food as described in section 3 that is not time or temperature controlled for safety;

(b) higher risk food as described in section 3 that is time or temperature controlled, or both, for safety;

"lower risk food" means food in a form or state that is not capable of supporting the growth of disease-causing micro-organisms or the production of toxins.

Purpose of the Act

2 The purpose of this Act is to permit individuals to sell certain foods made in home kitchens without having to obtain a food establishment licence, use a commercial kitchen, or be subject to inspections by the province or local health authorities.

Time or temperature controlled food

3 (1) Lower risk food must meet one or both of the following requirements:

(a) have a water activity (Aw) of 0.85 or less or a pH (Hydrogen ion concentration) value of 4.6 or less and be verified as lower risk food through commercial testing laboratories;

(b) sanitized by heat or chemical means to reduce the micro-organisms on a surface by 99.99%.

(2) The preparation, packaging and delivery of higher risk food must be in compliance with the food handler training program known as FOODSAFE Level 2 and carried out by an individual who is a holder of a FOODSAFE Level 2 certificate.

Certain food

4 (1) An individual may produce the following lower risk home-based craft food:

(a) a baked good that is not time and temperature controlled;

(b) candy;

(c) coated and uncoated nuts;

(d) fruit butters;

(e) a canned jam or jelly, that are pH 4.6 or less or Aw of 0.85 or less;

(f) a fruit pie;

(g) dehydrated fruit or vegetables including dried beans;

(h) popcorn and popcorn snacks;

(i) cereal, including granola;

(j) dry mix;

(k) vinegar, wine vinegar, herb vinegar;

(l) pickled fruit or vegetables including beets and carrots, that are preserved in vinegar, brine or similar solution at an equilibrium pH value of 4.6 or less;

(m) mustard;

(n) roasted coffee or dry tea;

(o) a dried herb or dried herb mix;

(p) plant-based acidified canned goods, that are pH 4.6 or less or Aw of 0.85 or less;

(q) syrup, that are pH 4.6 or less or Aw of 0.85 or less;

(r) relish, that are pH 4.6 or less or Aw of 0.85 or less;

(s) salsa, that are pH 4.6 or less or Aw of 0.85 or less;

(t) honey;

(u) noodles;

(v) fresh fruit and vegetables;

(w) fudge;

(x) toffee;

(y) microgreens;

(z) apple sauce.

(2) An individual may produce the following higher risk home-based craft food:

(a) eggs that are maintained at 4 degrees or colder from point of packaging through to consumer receiving;

(b) raw meat, poultry and fish products that are frozen from point of packaging through to consumer receiving;

(c) canned products that are cooked for an equivalent of 121.1 degrees Celsius (250 degrees Fahrenheit) for 3 minutes;

(d) if food is meant to be refrigerated it must be delivered to consumer at 4 degrees or less;

(e) if food is meant to be hot it must be delivered to consumer at 60 degrees or above.

Labels

5 All home-based craft food must be labeled with the following information:

(a) name and physical address of the home-based craft food production;

(b) the common or usual name of the product;

(c) if the food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk, or wheat, then that ingredient must be listed on the label;

(d) a statement that "This food is made in a home kitchen and is not inspected by the Ministry of Health or local health authority";

(e) all raw meat, poultry and fish products must be labeled with the packaging date and notice to keep frozen.

Where can an individual sell

6 Subject to section 7, an individual may sell home-based craft food set out in sections 3 or 4 anywhere in British Columbia.

Restrictions and conditions

7 An individual who sells home-based craft food must comply with the following restrictions and conditions:

(a) the individual may sell either or both lower risk and higher risk food;

(b) the individual has an annual gross income of $75,000 or less from the sale of foods set out in sections 1, 3 or 4;

(c) the individual has a valid FOODSAFE Level 1 certificate for lower risk food and FOODSAFE Level 2 for higher risk food;

(d) the individual has a valid business permit from their local government.

Commencement

8 This Act comes into force on the date of Royal Assent.