House Bill 468

The passage of HB 263 did the following:

  1. Eliminated the application/registration process for Home-Based-Processing, thereby allowing anyone *with access to any water source* to sell “produce[d] or process[ed] whole fruit and vegetables, mixed-greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies”.
    • Consequence determined by CFA: food safety is limited
  2. Removed the requirement that allowed only farmers to apply for said certification
    • Consequence determined by CFA: Literally anyone can sell the permitted items listed above
  3. In addition, items that had been previously cleared for sale under the Home-Based Processor certification, specifically maple-syrup sweetened granola, squash pies (ex: pumpkin and cushaw), nut pies, and other vegetable pies are no longer permitted under the revised language of HB 263.
    • Consequence determined by CFA: Farmers and CFA members that rely on value added income streams to keep their operations profitable and/or afloat are now more limited in the scope of products they can sell outside of a certified kitchen.

Adjacent issues:

  1. The following items were NEVER listed as permitted by HB 391(the original Home-Based-Processing statute), BUT were listed as permissible by registered Home-Based Processors in the KDA Farmers Market Handbook: Dried herbs, spices, nuts, or candy.
  2. Department of Public Health’s (DPH) enforcement of the HB 391:  Eggs harvested on the farm cannot be used in home-based processor product (reasoning being cited: food safety). As it stands, farms (with appropriate licensing) may sell their eggs to restaurants, but may not use those eggs to make home-based processed goods to sell to the public.

good news for farmers markets

CFA’s Proposed changes:

  • Include language to require proof of water safety for home-based processors
  • Include language to require home-based processors to register and be traceable for accountability, food-safety, epidemiological standards
  • Provide language that will allow the following items to be sold by home-based processors: Dried herbs, spices, nuts, or candy.
    • What specific AND shelf-stable/safe items need to be included literally in the KRS (State Law)
  • Ask about the laws that limit home grown eggs to be used in home-based processor goods, but are permitted for sale to restaurants

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tell us what you think

For questions and concerns please email Organizing Director, Kelsey Voit at kelsey@cfaky.org