FARMERS' MARKET RETAIL PERMIT

Session: 102nd General Assembly
Year: 2021
Bill #: SB3838
Category: County Authority
Position: No position
Mandate? Yes
Revenue Loss?
Authority Preemption? Yes

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Summary as Introduced

Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs, or dairy products from the premises of the farmer's farm is exempt from licensing by the farmer's local health department under specified conditions. Provides that local health departments may issue Farmers' Market Retail Permits for the sale of products at farmers' markets and at semi-permanent events not to exceed 100 days of operation in a calendar year. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. Removes provisions regarding administrative rules, produce, and food products for farmers' markets. Contains other provisions. Effective January 1, 2023.

Staff Analysis

Amends the Food Handling Regulation Enforcement Act. In provisions regarding farmers' markets, removes language regarding administrative rules. Provides that a farmer who engages in the sale of specified products shall obtain a Farmers' Market Permit from each local health department of any unit of local government in which a sale takes place and that chooses to require a Farmers' Market Permit. Contains specified requirements that may apply to the permit. Provides that a Farmers' Market Permit shall be valid for one year. Provides that a fee for a limited egg Farmers' Market Permit shall not exceed $75 and a fee for a full Farmers' Market Permit shall not exceed $175. Provides that the fee limits shall be raised by 10% at specified times. Contains procedural requirements for creating, setting, or amending the fee required for a Farmers' Market Permit. Preempts home rule. Removes language listing produce and food products coming within the scope of the provisions. Makes other changes.



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