Food

By: Peggy Kirk Hall, Thursday, December 21st, 2017

Written by Ellen Essman, Law Fellow, Agricultural & Resource Law Program

A few bills related to food preparation and dining in the great outdoors are on the move in the Ohio General Assembly.

One of the bills, Senate Bill 233, would allow those who produce cottage foods to do so in a firebrick oven on a patio connected to the producer’s residence. According to Ohio law, cottage foods are non-hazardous and are produced in a person’s home. Cottage foods can include, but are not necessarily limited to: bakery products, jams, jellies, candy, and fruit butter. If passed, SB 233 would change the current law, which only allows cottage foods to be prepared in an oven or on a stove inside the cottage food producer’s residence. SB 233 would allow producers to use both an inside oven and an outside firebrick oven. The bill is currently being debated in the Senate Health, Human Services & Medicaid Committee.

Two identical bills concerning dogs on restaurant patios are working their way through the two houses of the General Assembly—House Bill 263 and SB 182. The bills would prohibit state agencies and local boards of health from adopting rules banning dogs “in an outdoor dining area of a retail food establishment or food service operation.” Even though the government would not be able to ban dogs in those areas, the bills would allow individual restaurants to decide to keep dogs out of their outdoor areas, with the exception of service dogs. HB 263 is being considered in the House Economic Development, Commerce & Labor Committee. SB 182 is currently being discussed in the Senate Health, Human Services & Medicaid Committee.

Will cottage food producers be able to make tasty treats in firebrick ovens? Will your canine companion generally be allowed to accompany you on restaurant patios throughout Ohio? Stay tuned to the Ag Law Blog for any updates on these bills.

By: Peggy Kirk Hall, Friday, December 01st, 2017

The first hearing for a bill that would limit legal liability for Ohio beekeepers took place this week before the House Economic Development, Commerce and Labor Committee. The bill’s sponsor, Rep. Dick Stein (R-Norwalk), offered several reasons for the proposal, including that beekeeping has recently grown in popularity along with increased demand for honey products, bees play an important role in pollinating plants and contribute to the agricultural economy, and beekeepers have incurred expenses defending themselves against lawsuits that are typically unsuccessful.

House Bill 392 aims to provide immunity from liability for any personal injury or property damage that occurs in connection with keeping and maintaining bees, bee equipment, queen breeding equipment, apiaries, and appliances, as long as the beekeeper does all of the following:

  1. Registers the apiary with the Ohio Department of Agriculture, as is currently required by Ohio law;
  2. Operates according to Ohio Revised Code Chapter 909, which contains provisions for apiaries;
  3. Implements and complies with the best management practices for beekeeping as established by the Ohio State Beekeepers Association; and
  4. Complies with local zoning ordinance provisions for apiaries. Note that zoning ordinances for apiaries would likely exist only in incorporated areas, as Ohio’s “agricultural exemption from zoning” prohibits townships and counties from using zoning to regulate agricultural activities like beekeeping in most situations.

A beekeeper would not have immunity from liability resulting from intentional tortious conduct or gross negligence, however.

The second hearing for the bill will take place on December 5, 2017. Information about the proposal is available here.

By: Peggy Kirk Hall, Monday, July 10th, 2017

Written by Ellen Essman, Law Fellow, OSU Agricultural & Resource Law Program

Last summer, federal legislation requiring a National Bioengineered Food Disclosure Standard (“the Standard”) was signed into law by President Obama. The law requires the establishment of standard for labeling foods that contain bioengineered substances such as GMOs (genetically modified organisms). It was meant to preempt state GMO labeling laws and instead create a standard that would be applicable nationwide. This summer, the United States Department of Agriculture’s Agricultural Marketing Service (AMS) is moving a step closer toward implementing the law. To this end, AMS released a list on June 28, 2017 of thirty questions for parties interested in the Standard, such as food producers, retailers and manufacturers. The answers will be taken into consideration when USDA begins writing its agency rules to fully implement the Bioengineered Food Disclosure Standard.

Many of the questions concern how certain terms, such as “very small” and “small” packages, “very small” and “small” food manufacturers should be defined under the law. Similarly, the agency asks what terms should be considered synonymous with “bioengineering.” AMS also presents technical questions, such as what kinds of breeding techniques should be thought of as conventional, what genetic modifications should be seen as natural, and what amounts of bioengineered substance in a food should require a disclosure and a number of questions relating to how bioengineering should be disclosed on food products and their packages. Finally, AMS asks quite a few questions involving compliance with the Standard, such as what types of records should be maintained by regulated parties and how AMS will go about investigating noncompliance.

The full list of questions, including an explanation of each, is available here. Producers, retailers, manufacturers, biotechnology companies, consumers and others interested in the rule are encouraged to submit their answers and feedback to GMOlabeling@ams.usda.gov by July 17, 2017.

For more information on the National Bioengineered Food Disclosure Standard legislation, see our previous blog post from July 2016 here.

By: Peggy Kirk Hall, Wednesday, July 05th, 2017

Written by Ellen Essman, Law Fellow, OSU Agricultural & Resource Law Program

On June 19, 2017, the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America (R-CALF USA) and the Cattle Producers of Washington (CPoW) sued the United States Department of Agriculture (USDA) and the Secretary of Agriculture, Sonny Perdue, over the legality of the current country of origin labeling  (COOL) regulations.  R-CALF USA and CPoW claim that USDA’s current COOL regulations do not require foreign beef and pork products to be labeled as such, and that in fact, the regulations allow the foreign meat to “be passed off as domestic products.”  This, they argue, hurts U.S. cattle and hog producers, as well as U.S. consumers.  The suit was filed in the U.S. District Court for the Eastern District of Washington, in Spokane.  In short, R-CALF USA and CPoW are asking the court to rule that the current COOL regulations are at odds with two federal laws: the Meat Inspection Act and the Tariff Act

 Federal laws relating to Country of Origin Labeling

According to R-CALF USA and CPoW, two laws—the Meat Inspection Act and the Tariff Act—must be taken into account when thinking about COOL.  R-CALF USA and CPoW argue that read together, these two laws require imported meat from cattle and hogs to possess country of origin labels.

The Meat Inspection Act, at 21 U.S.C. §620(a), says that imported meat must “be marked and labeled as required by such regulations for imported articles.” “[R]egulations for imported articles” are governed by the Tariff Act.  The Tariff Act, in 19 U.S.C. §1304(a), states that “every article of foreign origin (or its container…) imported into the United States shall be marked in a conspicuous place…in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article.”

Regulatory history

In the lawsuit, the parties argue that historically, USDA pork and beef regulations did not follow their understanding of the Meat Inspection and Tariff Acts, discussed above.  In other words, the regulations did not require COOL.  The 2002 Farm Bill changed that.  The parties say that the 2002 Farm bill had the “primary effect of requiring” COOL on meat products from animals imported into the U.S. and subsequently slaughtered after importation.

Following the Farm Bill’s lead, USDA changed its regulations concerning meat imported into the U.S. from other countries, including meat from hogs and cattle.  The regulation, found in 7 C.F.R. § 65.300, was finalized in 2009.  It stated that meat “derived from an animal that was slaughtered in another country shall retain [its] origin, as declared to the U.S. Customs and Border Protection at the time the product entered the United States, through retail sale,” or sale to the end consumer.  Therefore, COOL was required on meat imported into the U.S. The regulation also allowed for the “origin declaration” on labels to “include more specific location information related to production steps.”   This meant that the labels for beef and pork could include where the animals were born, raised, and slaughtered.

World Trade Organization decision and change to regulations

After the new COOL regulations went into place, they were challenged by Canada and Mexico.  The World Trade Organization (WTO) ultimately sided with Canada and Mexico.  WTO’s reasoning for this decision is outlined in a Congressional Research Service Report on the dispute, and was based on their finding that “COOL treats imported livestock less favorably than U.S. livestock.” 

Following the WTO decision, Congress determined that beef and pork—both alive and slaughtered—no longer required COOL.  Similarly, USDA removed meat from cattle and hogs from its COOL regulations.  These actions, the parties argue, went too far.  R-CALF USA and CPoW argue that the WTO decision only involved cattle and hogs that were imported live, as opposed to imported meat.

It is important to note that a number of other foods are still required to have COOL, including lamb, goat, chicken, farm-raised fish and shellfish, fresh and frozen fruits and vegetables, peanuts, pecans, macadamia nuts, and ginseng.  More information on COOL can be found here

R-CALF USA and CPoW’s argument

Ultimately, the parties argue that USDA went too far when they removed all meat from cattle and hogs from their COOL labeling requirements.  They argue that the WTO decision focused on live hogs and cattle, as opposed to meat from those animals, and that WTO never “call[ed] into question the marks and labels required by the Tariff Act” for meat.  Thus, they argue that USDA regulations should continue to follow the Meat Inspection and Tariff Acts, as they did following the 2002 Farm Bill. 

R-CALF and CPoW claim that as a result of USDA’s far-reaching retraction of COOL regulations, “beef and pork from animals in other countries” is permitted to have the “same labels as domestic meat.”  They claim that now, “imported beef and pork can even be labeled a ‘Product of the U.S.A.’” As a consequence of this type of labeling, the parties claim that both U.S. consumers and producers are harmed.

Conclusion

R-CALF and CPoW’s lawsuit heavily relies on the authority of the Tariff Act and the Meat Inspection Act.  Their argument, in its most basic form, is that the two laws require COOL for beef and pork, and that the WTO decision did not ever call those two laws into question.  Therefore, they feel that the change in regulations went further than was necessary to comply with the WTO decision. 

The defendants named, USDA and Secretary Sonny Perdue, have not yet filed their response to the lawsuit.

R-CALF USA and CPoW’s lawsuit can be read here

Posted In: Animals, Food
Tags: COOL, country of origin labeling, trade
Comments: 0
By: Peggy Kirk Hall, Tuesday, June 27th, 2017

Congress has enacted legislation to address security threats to the country’s food and agricultural systems. The “Securing our Agriculture and Food Act” enrolled on June 22, 2017, authorizes the government to coordinate efforts to defend U.S. food, agriculture, and veterinary systems against terrorism and other high-consequence events to create risks to homeland security. The bill has been forwarded to President Trump for approval.

The bi-partisan bill, sponsored by Rep. Young (R-Iowa) with co-sponsors Rep. Payne (D-NJ) and Rep. Donovan (R-NY), amends the Homeland Security Act of 2002.  House Bill 1238 requires the Assistant Secretary for Health Affairs in the Department of Homeland Security (DHS) to coordinate an agriculture and food security program with federal departments and agencies that includes:

  • Managing DHS responsibilities established by President George W. Bush in his 2004 Presidential Directive 9, which created a national policy for defending food and agricultural systems against terrorist attacks, major disasters, and other emergencies.
  • Overseeing and integrating DHS activities related to veterinary public health, food dense, and agricultural security.
  • Leading policy initiatives relating to domestic preparedness for and response to agricultural terrorism.
  • Coordinating activities on food and agriculture security and screening procedures for domestic and imported products with other departments, including U.S. Customs and Border Protection.

Rep. Young drafted the bill following Iowa’s 2015 avian influenza outbreak, which resulted in the loss of millions of chickens and turkeys in his home state. According to Rep. Young, the event raised concerns about the federal government’s ability to quickly react to animal disease outbreaks and whether the nation would be able to respond capably to agro-terrorism threats.

“We don’t always think of a terrorist attack as a deliberate, mass food contamination, or the danger a major disease outbreak could pose,” stated Sen. McCaskill (D-MO), when the bill was introduced in the Senate Agriculture Committee. “Congress needs to think forward about the wide array of threats we face and take action before there’s a tragedy, not afterwards.”

The “Securing our Agriculture and Food Act,” H.B. 1238, is available here.

By: Peggy Kirk Hall, Thursday, June 22nd, 2017

Written by Ellen Essman, Law Fellow, OSU Agricultural & Resource Law Program

The Ohio Department of Agriculture (ODA) will hold a public hearing on July 19, 2017 at 9:00 a.m. to accept written and oral comments on its proposed amendments to the maple syrup, sorghum, and honey rules in the Ohio Administrative Code (OAC).

Amendments and changes to the maple syrup, sorghum, and honey rules are proposed for parts of OAC chapters 901:3-44, 901:3-45, and 901:3-46, including substantive changes that address antibiotics in honey, grades and standards for maple syrup, labeling related to maple syrup grades, and requirements for food grade materials to be used for honey, maple syrup, and sorghum. With these proposed changes and amendments, ODA seems to be trying to make the rules for honey, maple syrup, and sorghum more in line with federal rules and standards. In addition, safety of honey, maple syrup, and sorghum products seems to be at the forefront with a broader antibiotic exclusion in honey products, and the requirement to use “food grade materials” for honey, maple syrup, and sorghum. The sections below will discuss each of these proposed changes in turn.

No antibiotics allowed in honey

It is proposed that OAC 901:3-44-01 be amended to remove references to specific antibiotics and to instead simply state that any antibiotics, in any amount, “render the honey” or its beeswax as “adulterated.”

Maple syrup rules to correspond with federal rules and standards

ODA has proposed striking the current OAC 901:3-45-01, which outlines voluntary grades and standards for maple syrup, and replacing it with language that incorporates the grading and color classifications put forth by the United States Department of Agriculture (USDA). In other words, ODA is proposing that Ohio replace its current language with the grades and color classifications for maple syrup used by the federal government. What is more, if this amendment is adopted, it appears as though grading and color classifications would no longer be voluntary.

ODA’s proposed amendment for OAC 901:3-45-03 involves deleting “Ohio” and inserting “U.S.” This change would mean that the labeling requirements for grading maple syrup would follow federal standards instead of state standards. The adoption of federal grade labeling, as well as of federal grading and color classifications, would make it easier to sell and ship maple syrup produced in Ohio outside of the state.

Food grade materials for honey, maple syrup, and sorghum

The proposed changes to OAC 901:3-45-04, 901:3-45-05, 901:3-46-06, 901:3-46-07 all include the addition of the requirement that containers be made of food grade materials. Accordingly, the proposed changes would require that all of the following be made of food grade materials:

  • Maple syrup packaging,
  • Bulk containers (barrels, drums, etc.) for maple syrup,
  • Packaging for products from maple syrup processors, sorghum processors, and beekeepers exempt from mandatory inspection, and
  • Bulk containers for products from maple syrup processors, sorghum processors, and beekeepers exempt from mandatory inspection.

“Food grade material” is defined in OAC 901:3-46-01 as “a material that when in contact with food will remain safe, durable, free of rust, non-absorbent, and will not allow the migration of deleterious substances, impart color, odor, or taste to food under normal use.”

More information about attending the hearing or sending in comments (including when written comments must be received), and a brief overview of each change is available here. A draft of the proposed amendments and revisions is here.

By: Peggy Kirk Hall, Thursday, June 08th, 2017

With spring in full swing and summer just around the corner, many producers may be considering selling produce, meats, cottage foods and baked goods directly to consumers at the farm property. A question we often hear from farmers thinking about these types of farm food sales is, “do I need some type of license or inspection to sell food from the farm?” The answer to this question depends upon the type of food offered for sale:

  • Sales of foods such as fresh produce or cottage foods do not require a license.
  • Sales of certain types of baked goods require a home bakery license.
  • Sales of multiple types of foods or higher risk foods require a farm market registration or a retail food establishment (RFE) license.
  • The home bakery license, farm market registration, and RFE license involve inspections of the production or sales area.

It is important for a producer to carefully assess the food sales situation and comply with the appropriate licensing or registration requirements. To do so, a producer should identify the type and number of food products he or she will sell and whether the food poses low or high food safety risk.

Our new Law Bulletin, Selling Foods at the Farm: When Do You Need a License? will help producers assess their situations and determine their needs for appropriate licensing, registration, or inspections.  Read the bulletin on http://farmoffice.osu.edu, here.

By: Peggy Kirk Hall, Tuesday, January 10th, 2017

Written by:  Ellen Essman and Chris Hogan, Law Fellows, OSU Agricultural & Resource Law Program

Part One

Ohio’s 131st General Assembly came to a close in December of 2016. In Ohio, a legislative session (also known as a General Assembly) lasts for two years. A bill fails to become law if that bill was introduced during a legislative session but did not pass by the end of the session. Below is a summary of bills related to agriculture that failed to pass during Ohio’s 2015-2016 legislative session. Time will tell whether our legislators will revive and reintroduce any of these proposals in the new 2017-2018 legislative session.  

Nutrient Management

Application of Fertilizer and Manure and Senate Bill 16

Nutrient management remained a topic of discussion in Ohio throughout 2015 and 2016. Most notably, in July of 2015, SB 1 passed and became law. SB 1 placed restrictions on the application of nutrients in the Lake Erie Basin. For example, SB 1 placed restrictions on the application of manure under certain weather conditions.

The 131st assembly considered a similar bill, Senate Bill 16, in February of 2015. SB 16 sought to regulate many of the issues that SB 1 now regulates.  SB 16 failed to pass and did not become law. Notwithstanding SB 16’s failure to pass, nutrient management was a popular topic for the 131st General Assembly.

To read SB 16, visit this page. The Ohio Legislative Service Commission’s analysis of SB 16 is available here.

House Bill 101 and the Response to Algal Blooms

House Bill 101 was introduced on March 4, 2015.  The bill would have enacted a number of sections into the Ohio Revised Code that would have addressed algal blooms in Ohio waterways. First of all, under the language of HB 101, owners or operators of public water systems in areas at risk for harmful algal blooms, together with the directors of the Ohio EPA and ODNR, would have had the ability to develop emergency plans to combat the algal blooms.  Secondly, the Directors of the Ohio EPA and the Department of Natural Resources were tasked with developing and circulating an early warning system for harmful algal blooms. Thirdly, the Ohio EPA would have had the responsibility to provide training to publicly owned treatment works and public water systems relating to monitoring and testing for “harmful algae and cyanotoxins in the water.”  Finally, under HB 101, the Director of the Ohio Department of Natural resources would have had to study and report on the economic and environmental impacts of Canada geese and zebra mussels on Lake Erie. 

The bill was referred to the House Committee on Agriculture and Rural Development on March 4, 2015 and was never acted upon.

To read HB 101, visit this page. The Ohio Legislative Service Commission’s analysis of HB 101 is available here.

Agricultural Operation and Management Plans and Senate Bill 224

Currently, operation and management plans are a voluntary measure for Ohio farmers. In Ohio, an owner or operator of agricultural land or an animal feeding operation may implement a plan which incorporates pollution abatement practices and best management practices for the operation. But, the 131st General Assembly considered a bill which would make such plans mandatory for operators who operate farms of 50 acres or more.

The proposed bill, otherwise known as Senate Bill 224, would have required operation and management plans to include certain standards for applying fertilizer or manure. The bill also gave the Ohio Director of Agriculture authority to enforce corrective actions against farm operations and to assess civil penalties for non-compliance. However, SB 224 did not pass in the Senate and was not signed into law.

To read SB 224, visit this page. The Ohio Legislative Service Commission’s analysis of SB 224 is available here.

Business

Series LLCs and House Bill 581

Ohio permits the formation of Limited Liability Companies, otherwise known as LLCs. LLCs offer many attractive benefits for a farming operation. Namely, LLCs provide liability protection to the members or owners of that LLC.

Some LLC farming operations have become more complex in recent years. As a result, some farming operations choose to have multiple LLCs across an entire farming operation. For example, a farm operation may have one LLC which owns only farm property and a second and entirely separate LLC that owns only farm machinery. But, multiple LLCs create additional complexity which may complicate a farming operation.

One proposed solution is the series LLC. The 131st General Assembly proposed the introduction of series LLCs in House Bill 581. A series LLC would allow a single LLC to create multiple series within the LLC without the need to create an entirely new LLC for each series. Under HB 581, a LLC organized as a series LLC would be able to limit the power of managers or members in different series within the series LLC. A series LLC would also be able to place different assets and obligations into different series within the LLC.

Under HB 581, the debts and obligations of a particular series within an LLC would have been limited to that series only. But, HB 581 did not pass during the 131st General Assembly. Therefore, series LLCs remain non-existent in Ohio.

To read HB 581, visit this page. The Ohio Legislative Service Commission’s analysis of HB 581 is available here.

Food

Donation of Food and House Bill 111

House Bill 111 was introduced on March 10, 2015.  This bill would have allowed food service operations to apply for a rebate from the Director of Health if they donated the food to a nonprofit organization.  The rebate would have been ten cents per pound of perishable food donated. HB 111 was referred to the House Ways and Means Committee on March 16, 2015 and no further action was taken.

To read HB 111, visit this page. The Ohio Legislative Service Commission’s analysis of HB 111 is available here.

By: Peggy Kirk Hall, Friday, July 15th, 2016

After several years of debate over voluntary versus mandatory GMO (genetically modified organism) labeling, Congress passed legislation yesterday to create a unified national standard requiring disclosure of information for bioengineered foods.  Predictions are that President Obama will sign the legislation soon.  Once effective, the new law will preempt state laws that require labeling of foods containing GMOs, such as the Vermont labeling law that recently became effective on July 1.  The bill's passage through Congress represented a bi-partisan compromise led by senators Pat Roberts (R-KS) and Debbie Stabenow (D-MI).  "This is the most important food and agriculture policy debate of the last 20 years," said Sen. Roberts.

What’s in the bill?

The legislation amends the Agricultural Marketing Act of 1946 to include the following:

  • Definition of “bioengineered” food, which is food intended for human consumption that contains genetic material that has been modified through in vitro recombinant DNA techniques and for which the modification could not otherwise be obtained through conventional breeding or found in nature.
    • The Secretary of Agriculture shall determine the amount of bioengineered substance necessary to deem the food as bioengineered.
    • A food that is derived from an animal that consumed feed containing bioengineered substances shall not be considered bioengineered.  Thus, meat, poultry, dairy and eggs from animals that have consumed GMO feed will not be subject to the labeling requirements because they cannot be defined as bioengineered.
  • Preemption of state food labeling standards.  No state or political subdivision may establish requirements for labeling whether a food or seed is bioengineered or contains ingredients that are bioengineered.  A food may bear disclosure of bioengineering only in accordance with federal regulations arising from this law.
  • Creation of federal mandatory disclosure standard.  Within two years of the bill’s enactment, the Secretary of Agriculture must establish a mandatory national bioengineered food disclosure standard and the procedures necessary to implement the national standard.  
  • Choice of labeling.  The federal standard must give a manufacturer the option of disclosing information with on-package text, a symbol or an electronic or digital link, such as a QR code.  An electronic or digital link must contain access to an internet website or other type of electronic source.
    • The USDA must conduct a study to identify potential technological challenges of disclosure through electronic or digital means, and must provide additional options if determined that the proposed technological options do not provide sufficient access to bioengineered food disclosure information.  
    • The USDA must also develop alternative disclosure options for foods contained in small packages.
  • Exclusions.  The following are excluded from the national disclosure standard:
    • Food served in a restaurant or similar retail food establishment.
    • “Very small” food manufacturers, to be defined through rulemaking.
    • As explained above, meat, poultry, dairy and eggs from animals that consume GMO feed.
    • A food containing meat, poultry or eggs if the predominant ingredient would not independently be subject to the standard of if the predominant ingredient is broth, stock, water or a similar solution and the second-most predominant ingredient would not independently be subject to the national standard.
  • “Small” food manufacturers.  The USDA must define “small food manufacturers” and provide such manufacturers with a grace period of at least one year for implementation of the new standards and the additional option of providing only a telephone number or internet website on a food label to disclose required information.
  • Food safety implications.  The FDA conducts a pre-market consultation process for foods from genetically engineered plants; foods that successfully complete the process shall not be treated as more or less safe than non-genetically engineered counterparts because of bioengineering.
  • Organically produced foods.  A food certified as “organic” under the national organic program may be labelled as “not bioengineered,” “non-GMO” or with similar language.
  • Enforcement.  Failing to disclose a food as bioengineered is a prohibited act, but the rulemaking process will determine whether there will be penalties for noncompliance.  The USDA Secretary will have authority to request records and conduct audits and hearings in regards to compliance but will not have recall authority for a food that does not comply with disclosure regulations.

What’s next?

The preemption established in the new law will be effective immediately and the State of Vermont is prohibited from enforcing its GMO labeling law.  The USDA, through its Agricultural Marketing Service, will begin the rulemaking process for the national disclosure standard.  A few key issues for agriculture to track though out the rulemaking stage will be the determination of "how much" bioengineered substance is sufficient to deem a food as bioengineered; defining the "very small" food manufacturers that will be exempt from the standard and the "small" manufacturers that will have a grace period and simpler disclosure requirements, whether QR codes and other technology options will remain viable due to expected objections that they discriminate against lower income consumers; and penalties for noncompliance. The two year window for rulemaking, however, leaves open the opportunity for future changes such as amending the legislation or prohibiting funding to be used for its implementation.  Thus, while we have entered a new stage of the GMO labeling debate, the uncertainty of GMO labeling is not yet fully resolved.

To read the legislation, visit this page.

By: Peggy Kirk Hall, Tuesday, February 16th, 2016

The Ohio Department of Agriculture (ODA) has revised regulations that implement Ohio’s Cottage Food Law, which addresses the production and sale of certain “non-potentially hazardous” foods. An operation producing a “cottage food” may do so without licensing and inspection by ODA, but must follow labeling requirements and is subject to potential food sampling by ODA.

Changes to Ohio’s cottage food regulations include the following:

New cottage food products

Several new food items have joined the list of cottage food products that an operator may produce without licensing or inspection by ODA:

  1. Flavored honey produced by a beekeeper, if a minimum of 75% of the honey is from the beekeeper’s own hives;
  2. Fruit chutneys;
  3. Maple sugar produced by a maple syrup processor, if at least 75% of the sap used to make the maple syrup is collected directly from trees by the processor;
  4. Waffle cones dipped in candy;
  5. Dry soup mixes containing commercially dried vegetables, beans, grains, and seasonings.

Foods that are not cottage food products

Two revisions clarify foods that do not fall under the cottage food law:

  1. Fresh fruit that is dipped, covered, or otherwise incorporated with candy;
  2. Popping corn.

Fruit in granola products

If adding fruit to granola, granola bars, or granola bars dipped in candy, which are all cottage food products, the fruit must be commercially dried.

The new regulations became effective January 22, 2016. View the cottage food regulations at http://codes.ohio.gov/oac/901%3A3-20.  Read our other posts on Ohio’s Cottage Food Law at https://farmoffice.osu.edu/blog-categories/food.

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