Homemade food bill could help local businesses

County Supervisor Terry Lamphier has been emailing a memo around or posting it on Facebook, seeking support for a bill that would allow people to use their home kitchens to legally make certain foods and sell them — albeit with restrictions.

The “California Homemade Food Act” is being considered by the state legislature.

“During these difficult economic times, our State should do everything possible to allow individuals to provide for their families and assist with our economic recovery,” a summary of the bill reads. “Home-based food production can allow micro-entrepreneurs to prosper during times of otherwise limited economic opportunity by meeting the desires of local consumers. Under current California law, they cannot do so.”

Thirty-one states have laws that permit the in-home production and distribution of homemade foods (for example, breads, tortillas, dry roasted nuts and legumes, jams, jellies and other products). Under current California law, a person may not use the kitchen in a private residence to produce any foods to be sold or traded for public consumption.

We would support this idea to help small businesses in our county. In our Sierra FoodWineArt magazine business, we regularly hear from customers or run into vendors at the Farmers Market or events would like to relax some of the restrictions on preparing commercial food — not abandon them, mind you.

One example: Baked goods that are sold at Farmers Markets or events. Many “brick and mortar” businesses get their start small — at Farmers Markets — so this could help them grow and create jobs. There is a dearth of commercial kitchens for food preparation, and the added rental cost can hurt small businesses.

BACKGROUND

Here is the background and whom to contact at the Rood Center:

From: Terry Lamphier
Nevada County Supervisor, District 3 Grass Valley

I’m writing to bring your attention to a bill working its way through Sacramento that I think would be good for our County. The bill would allow folks to use their home kitchens to legally make certain foods and sell them (yes, there are restrictions, but little steps help).

•The AB 1616 Fact Sheet 02 17 2012 is the easiest to read about the bill. The second one is the bill. The Grange Food Sovereignty-1 is a letter from the California State Grange in support of the bill and brought to me by their lobbyist (Michael Greene, (916) 736-1572, cdsconsulting@surewest.net) whom I met in Sacramento while testifying for this bill (AB1616). You may call him for info.

I think this could be a real help to folks in our County, and I want to get support for it.

Here’s what I need if you will help:

•Timeline is a problem. The bill has been passed by the Assembly and is working through the Senate, who will be dealing with the next step in August (Senate Appropriations)

•I want to bring letters/emails/calls of support to our County Board of Supervisors and ask the Board to support this bill but the deadline is MONDAY, July 9 for me to get it on the agenda for our July 17 meeting (deadline for constituents to weigh in). Our next meet won’t be until August 14 and that’s too late to get to the Senate.

•Please read, discuss and, if you think it is a step in the right direction for food rights/small ag, please get your grange to send in a letter of support.

Individual letters are good also, as well as letters from any others with an interest. Letters to your district supe best (or phone calls or emails!). You have until July 17 for this but I’d like to be sure there is some support before then if possible.

•If this comes together, please consider coming to testify at the Board meet July 17 as well. We always appreciate hearing from folks.

Thanks!

Letters:
Rood Center
950 Maidu Avenue, Suite 200
Nevada City, CA. 95959
Phone:
265-1480
Email:
(Best to contact your supe)
Format: terry.lamphier@co.nevada.ca.us

Terry Lamphier
Nevada County Supervisor, District 3 Grass Valley
(530) 265-1480

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10 Responses

  1. Think of all the Charities and fund raisers that have lost dollars to this stupid law. It is a shame & I hope it gets repealed.

  2. Here in Florida it’s called the Cottage Food Law — established by the Legislature about 18 months ago. We visit two weekend markets and often find items created and sold because of this law.

    Hard to believe that Florida is ahead of California in such matters, but sure hope the version out there becomes law soon.

    http://desoto.ifas.ufl.edu/pdf/CottageFoodAdvisory.pdf

  3. Why not change the law to the same as the one proposed about GMO’s? Require that home made foods are labeled as such with ingredients etc.. Such an idea is a simple thing and it might get more support.

  4. I am not so comfortable with this.
    What does the Health Dept. recommend?
    What about safe food storage and handling practices?
    What about sanitation?
    How would inspections take place?

    • The Florida law is for when the cook hands it to the buyer. We have enough government already. You have a right to be uncomfortable for yourself, but I don’t think a right to require the government get involved if I want to buy some food from someone that homemade.

      • You could be right Greg.
        If I have concerns, I won’t call for stricter regulations on home kitchens, but I won’t purchase questionable goods either.
        There is a place for some degree of regulation in the food industry.
        Some prefer standards for cleanliness and safe food handling and storage.
        E Coli, Botulism, Ptomaine, Salmonella, and other food borne diseases aren’t at all pleasant and can be dangerous.

      • I think that schools should be educating about things like this in preference to the “standards”. Wouldn’t it be great if students learned about, food science, how to solve problems, raise a family, manage a budget, work productively, maintain relationships etc.?

        We need to build a new model that makes the old obsolete. I could see you, Judith, teaching us Westerners about the ways and culture of the Maidu. We all need that.

  5. Update from terry lamphier:
    1) July 17 Board of Supervisors meeting will NOT include AB 1616 as an agenda item, but I WILL give a brief report during announcements and folks CAN comment on it during scheduled “public comment” part of meet.
    2) A few folks think the government should not be involved with food issues ‘between consenting adults” (I generally agree) but the problem is that past government actions have made this an illegal business so I am pushing for the bill because it would enable folks who WANT to be legal the opportunity to do so, with regulations that protect the general public’s health, a step TOWARDS food freedom.
    3) Passage WILL help create new small businesses, a very high priority for me.
    4) Critics may have some of their concerns alleviated by reading the bill – keeping in mind that it continues to be amended as it works through the system. Input IS taken from the community and, yes, you can hinder it OR you can try to make it better…
    Politics used to be the art of compromise, recognizing that your neighbor has the same rights as you, but not necessarily the same beliefs. Anything else is some form of dictatorship which, judging by some of the responses I have received, would be just fine with some folks as long as it’s THEIR dictatorship.
    Our country is a republic form of government, meaning elected leaders represent the community’s interests. Because at it’s best, it represents and protects majority AND minority interests, it’s also considered a democratic form of government.
    As someone once said, democracy is the worst form of government except for all the others…

  6. And a minor correction…the California State Grange’s letter supports food sovereignity and was submitted to the legislature and the Grange has a lobbyist supporting AB1616 BUT the letter does not specifically mention AB 1616.

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