Sec. 17.20.332. Exemption for homemade food.

636 words·~3 min read·/ak/title-17/chapter-20/17-20-332·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in AS 17.20.332 — 17.20.338, a homemade food produced, sold, and consumed in compliance with this section is exempt from state labeling, licensing, packaging, permitting, and inspection requirements.

(b)The sale of a homemade food under this section

(1)is only for personal consumption;

(2)must occur in the state at a farmers' market, an agricultural fair, a farm, a ranch, the producer's home or office, the retail location of a third-party seller, or a location agreed on between the producer and the buyer; and

(3)may not involve

(A)interstate commerce; or

(B)the purchase or sale of

(i)meat or meat products, except as provided in

(h)of this section;

(ii)seafood;

(iii)a controlled substance;

(iv)oil rendered from animal fat; or

(v)game meat.

(c)Except for raw, unprocessed fruits and vegetables, a homemade food may not be sold or used in a commercial food establishment.

(d)A homemade food may be sold from a retail space located at a ranch, farm, or home where the homemade food is produced or at a retail location of a third-party seller. A retail space selling a homemade food shall prominently display a sign indicating that the homemade food was made in a home kitchen, may contain allergens, and is not, except for meat and meat products permitted under

(h)of this section, regulated or inspected. A homemade food for sale at a retail location or grocery store may not be displayed or offered for sale on the same shelf or display as inspected food. If a retail space selling a potentially hazardous homemade food is in any way associated with a commercial food establishment or offers for sale any inspected food, the retail space shall

(1)maintain physical separation from the commercial food establishment with a separate door and separate cash register or point of sale;

(2)display signs or other markings clearly indicating which separate spaces offer inspected foods and which offer uninspected foods and meat and meat products permitted under

(h)of this section for sale;

(3)maintain separate coolers, freezers, warehouses, or other storage areas to prohibit the intermingling of inspected foods with uninspected foods and meat and meat products permitted under

(h)of this section; and

(4)comply with any other requirements specified by the Department of Environmental Conservation relating to homemade food.

(e)A homemade food packaged for individual sale must be clearly and prominently labeled with

(1)the producer's name, current address, telephone number, and, if applicable, the producer's business license number; and

(2)the statement: “This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.”

(f)The seller of a potentially hazardous homemade food, except eggs, must also be the producer of the homemade food. The seller of eggs or a homemade food that is not a potentially hazardous homemade food may be the producer of the item, an agent of the producer, or a third-party vendor, including a retail shop or grocery store, as long as the sale is made in compliance with this section and all applicable federal and local laws.

(g)Before a sale of an unpackaged homemade food under this section, a producer or third-party seller shall

(1)inform the buyer that the unpackaged homemade food was prepared in accordance with AS 17.20.332 — 17.20.338 and is not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements; and

(2)provide the buyer with the producer's name, current address, telephone number, and, if applicable, the producer's business license number.

(h)Subject to the requirements of federal law, a person may prepare and sell meat, meat products, and homemade food containing meat or meat products under this section.