E ditor’s Note: With approval, Food Security News today posts the 2023 Update on State Food Security Legislature by Doug Farquhar, JD, Federal Government Affairs Director for the National Environmental Health Association (NEHA).
Till a handful of years back, absolutely nothing this existing or extensive existed concerning reporting on current actions by the 50 state legal bodies.
The back story for this report, which FSN has actually released in a number of earlier variations, is the real-time innovation to track the action in the 50 state legislatures. This capability was established by Doug Farquhar when he was working for the National Conference of State Legislatures (NCSL). He has actually continued the job after moving over to NEHA.
Food Security News readers are recipients of this work, and it supplies the most total report on food safety-related advancements from the 2023 state legal sessions that were in session this year in the 50 state capitols.
FSN is grateful to Doug Farquhar and the NCSL and NEHA personnel who have actually worked to make innovation work for us!
The following table sums up costs associated with food security presented by state legislation in 2023.
| Food Security Subject | # of Costs Presented |
| Retail food | 67 |
| Food flexibility | 66 |
| Food security | 51 |
| Meat, seafood, or poultry | 24 |
| Food deserts | 19 |
| Food security accreditation and training | 15 |
| Mobile food locations | 14 |
| Nutrition and Supplemental Nutrition Support Program (BREEZE) | 13 |
| Marijuana in food | 12 |
| Food labeling | 10 |
| Food contribution | 9 |
| Dairy and raw milk | 6 |
| Food shipment | 6 |
| Food Security Modernization Act (FSMA) | 6 |
| Produced food | 5 |
| Infant formula | 1 |
233 costs associated with food security legislation were presented throughout the 2023 legal sessions, with 63 being enacted, embraced, or gone by the legislature and sent out to guvs.
Retail Food
An overall of 67 costs associated with retail food were presented in the following states: Arizona, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Iowa, Maryland, Michigan, Nebraska, Nevada, New Hampshire, New Jersey, New York City, North Carolina, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, Washington, West Virginia, and Wisconsin. Bolded states suggest where costs have actually been enacted.
The California legislature was active on retail food security in 2023. California A 418 forbade a number of active ingredients utilized in food processing, consisting of brominated grease and red color 3. The food market lobbied hard versus numerous other active ingredients from being consisted of in the list. S 476 needs a company to think about the time it considers the staff member to finish the training and the evaluation as compensable hours worked, for which the company would pay, and to pay the staff member for any needed expenses or losses connected with acquiring a food handler card.
Florida’s H 1279 advantages farmers in the state by needing all food products acquired by state entities to be grown or produced in the state and state entities to offer choice to food products grown in the state.
Oregon S 545, Food Facility Customer-Owned Containers, directs the state health authority to embrace guidelines permitting customers to utilize their own containers for filling up with food at a food facility. Texas S 577 needs regional regulators to send their food security requirements to the Department of Health Solutions if their requirements are more strict than the state. Washington S 5341, Food & & Agricultural Products develops a location-based branding and promo program for Washington food and farming items.
Enacted Costs Consist Of:
California A 418, Foodstuff Security
Restricts an individual or entity from production, selling, providing, dispersing, holding, or marketing, in commerce, a foodstuff for human usage which contains any defined compound, consisting of, to name a few, brominated grease and red color 3. Makes an infraction of these arrangements punishable by a civil charge not to go beyond a defined quantity for a very first offense and not to go beyond a defined quantity for each subsequent offense, upon an action brought by the state attorney general of the United States.
California S 476, Food Handlers
Under existing law, a food handler card is provided just upon effectively finishing a training course and evaluation that fulfills specific requirements. It needs a company to think about the time it considers the staff member to finish the training and the evaluation as compensable hours worked, for which the company would pay, and to pay the staff member for any needed expenses or losses connected with acquiring a food handler card.
California S 725, Grocery Employee
Supplies that existing law offers a shift work duration for qualified grocery employees by needing a follower grocery company to employ from a list of qualified grocery employees supplied by the incumbent grocery company. Needs, for a follower grocery company that, after a modification in control, will own, control, or run a defined number or more of grocery facilities, the follower grocery company to offer a qualified grocery staff member a dislocated grocery employee allowance.
Florida H 1279, Farm Group Card
Connects To the Department of Farming and Customer Solutions; licenses farmers whose residential or commercial property fulfills particular requirements to use to the Department of Earnings for a Florida farm Tax Exempt Agricultural Products (GROUP) card; needs all food products acquired by state entities to be grown or produced in this state under specific situations; needs state entities to offer choice to specific food products; licenses competitive solicitations for such food products to offer choice to specific suppliers. The expense likewise needs the department to embrace and carry out an exemption, waiver, and difference procedure by guideline for sponsors of specific school food and other nutrition programs.
Florida S 752 license Temporary Commercial Kitchens
Licenses the Department of Hotels and Restaurants of the Department of Organization and Specialist Guideline to embrace functional requirements for short-term industrial cooking areas by guideline.
Georgia H 475, Code Modification Commission
Fixes mistakes or omissions in and reenacts the statutory part of stated Code, consisting of food security.
Illinois H 2086, Food Drug Cosmetic Act
Supplies that self-service by customers is not restricted if the take-home containers are preserved tidy and are not efficient in triggering illness; supplies that a dining establishment or merchant might fill up a consumer-owned container with ready-to-eat or dry bulk foods.
Michigan H 4377 Tax Usage Exemption
Customizes meanings of food offered in an unheated state by weight or volume and food offered with consuming utensils.
Michigan H 4378 Sales Utilize Exemptions
Customizes meanings of food offered in an unheated state by weight or volume and food offered with consuming utensils.
Nevada A 40, Assessments of Food Establishments
Licenses a candidate for an authorization to run a food facility to offer an e-mail address to interact specific notifications. Licenses a health authority to provide an electronic original of a food assessment report kind; licenses service composed notifications by a health authority to be supplied digitally.
Oregon S 545, Food Facility Customer-Owned Containers
Directs the state health authority to embrace guidelines permitting customers to utilize their containers for filling up with food at a food facility.
Texas S 577, Guideline of Food Service Establishments
Needs city governments embracing food security guidelines that vary from state law or department guidelines to send those guidelines to the Department of Health Solutions for approval.
Virginia S 146, Prepared Foods
A facility that offers just ready foods does not need to have a qualified food security supervisor on-site throughout all hours of operation.
Washington S 5341, Food & & Agricultural Products
Produces a location-based branding and promo program for Washington food and farming items.
Food Liberty
An overall of 66 costs on food flexibility were presented in the following states: Arizona, California, Florida, Georgia, Hawaii, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Mexico, New York City, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington, Washington, D.C, and Wyoming Bolded states suggest where costs have actually been enacted.
The costs enacted in Utah and Wyoming aim to temper food flexibility. These 2 states have the most liberal policies concerning the sale of uncontrolled foods, yet these costs offer some constraints on the practice.
Oklahoma H 1772 excuses Farmer’s Markets from food licensing. Oregon alleviated sanitation requirements for home-produced foods that are packaged.
Enacted Costs Consist Of:
California A 1325, Microenterprise House Kitchens
This connects to the California Retail Food Code, which licenses the governing body of a city, county, or city and county, by regulation or resolution, to allow microenterprise house cooking area operations (MHKOs) if specific conditions are satisfied. It needs the cooking to be restricted to no greater than a defined variety of private meals, or the approximate equivalent of meal elements when offered individually, each week. It enables an MHKO to run out than a defined quantity in proven gross yearly sales
Iowa S 314, Raw Milk
Offers producing raw milk at specific dairies, making items utilizing raw milk, and labeling and dispersing raw milk and made items.
Montana S 202, State/Local Food Option Act
Clarifies exemptions for manufacturers of homemade food or homemade food; modifies requirements for farmer’s markets; clarify county commission policy of farmer’s markets; clarifies meanings; limits the rulemaking authority of the Department of Public Health and Person Solutions and regional boards of health.
Oklahoma H 1772, Excuses Farmers Markets from Food License
Excuses farmers market suppliers from licensing requirements; supplies that food facility licenses will not be needed for farmers at farmers markets offering frozen meat that is kept cooled or on ice.
Oregon S 882, Sale of House Food Processing
Connects to hygienic policies for food and food facilities; supplies exceptions for a food facility if the foods prepared at the food facility for public circulation are packaged and not possibly harmful, and yearly gross sales of foods prepared at the food facility do not go beyond a defined quantity.
Utah S 151, House Intake and Homemade Foods Act
Connects to hygienic policies for food and food facilities; supplies exceptions for a food facility if the foods prepared are packaged and not possibly harmful, and yearly gross sales of foods prepared at the food facility do not go beyond a defined quantity.
Washington H 1500
Boosts the cap on gross sales for home foods.
Washington, DC B 68, Street Supplier Improvement Act
Produces an authorization for microenterprise house cooking area organizations; enables organizations otherwise qualified to be a supplier to obtain a microenterprise house cooking area license; restricts the requirements the Department of Health can enforce for a microenterprise house cooking area license.
Wyoming S 102, Food Liberty Act
Supplies that deals under the Wyoming Food Liberty Act will be straight in between the manufacturer and the notified end customer, other than as otherwise supplied by this act; supplies that a manufacturer might use a designated representative to assist in a deal; supplies that homemade or uninspected food will not be served or made use of as a component in an industrial food facility.
Food Security
An overall of 51 costs associated with food security were presented in the following states: Arizona, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Massachusetts, Michigan, Montana, Nebraska, New Jersey, New York City, North Carolina, North Dakota, Pennsylvania, Puerto Rico, Rhode Island, Texas, Virginia, Washington and Washington, D.C. Bolded states suggest where costs have actually been enacted.
Numerous costs were enacted in 2023 that handle numerous elements of food security, much of which are covered in other parts of this short article. California’s A 1627 addresses safe drinking water in the state. Louisiana’s HR 17 demands that the state Department of Education perform a research study and send a report to the legislature concerning school lunches.
Puerto Rico’s S 343 consists of the measurement of food security in the studies performed by the Bureau of Data.
Rhode Island’s H 5345 supplies that the state grant the Fda (FDA) Food Security Modernization Act (FSMA) arrangements relative to the Preventive Controls for Animal Food Laws.
Enacted Costs Consist Of:
California A 404, Department of Food & & Farming Reporting
Needs the Department of Food and Farming to assess duplicative reporting requirements that impact licensed natural operations.
California A 1627, State Safe Drinking Water Act
Modifies the meaning of a public water supply to use to a system that routinely serves approximately a minimum of a defined variety of people daily a minimum of a defined variety of days out of the year.
California S 628, Safe Healthy Food Gain Access To Policy
- States that it is the state’s recognized policy that every human can gain access to enough, inexpensive, and healthy food. All state firms should consider this state policy when modifying, embracing, or developing policies, policies, and grant requirements when those policies, policies, and grant requirements concern dispersing enough inexpensive food.
Louisiana HR 17, School & & Foods Programs
Asks for the state Department of Education perform a research study and send a report to the legislature relative to school lunches.
Maine H 183, Wild Blueberry Transport Allows; FSMA
Eliminates the requirement for wild blueberry transport allows; states that the Wild Blueberry Commission has actually figured out that theft of wild blueberries from fields is no longer a substantial issue due to the fact that of the food traceability requirements enforced by the FDA’s Food Security Modernization Act (FSMA).
North Dakota S 2082, Food & & Accommodations Establishments
Connects to food and accommodations facilities and helped living centers; specifies childcare food service facility, food facility, lodging facility, and short-term visitors.
Puerto Rico S 343, Measurement of Food Security
Amends Law 15 of 1931, the Organic Law of the Department of Labor and Person Resources, to consist of the measurement of food security in the studies performed by the Bureau of Data.
Rhode Island H 5345, FDA FSMA
Supplies that Rhode Island assents to the arrangements of the FDA’s FSMA relative to the Preventive Controls for Animal Food Laws; enables the electronic submission of reports, registrations, and costs to the Department of Environmental Management from numerous firms and/or dealerships relative to the circulation of specific items, and would likewise modify the arrangement for the importation of psittacine birds; amends the meaning of insects for functions of farming.
Meats, Seafood, and Poultry
An overall of 24 costs associated with meat, seafood, and poultry were presented in the following states: Hawaii, Indiana, Louisiana, Maryland, Maine, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York City, North Dakota, Tennessee, and Texas Bolded states suggest where costs have actually been enacted.
Legislation in Louisiana reveals the effect imported seafood has on the state’s economy. The state’s desire for more aggressive evaluations of imported seafood will suppress a few of these imports. Texas H 1333 is created to restrict uninspected seafood too.
Issues over cell-based meat continue to pester the meat market, with a costs in Texas (S 664) created to identify such meats as various from typically raised meats.
Enacted Costs Consist Of:
Louisiana HCR 88, Evaluation and Screening of Imported Seafood
Asks For the U.S. Fda to satisfy its tasks concerning assessment and screening of imported seafood.
Louisiana HCR 105
Broaden screening of imported shrimp. Advises and demands State Department of Health and the U.S. Fda to broaden screening of imported shrimp.
Maine H 1131a, Meat & & Poultry Processing Education by the University of Maine
Needs the University of Maine to offer education concerning meat and poultry processing; supplies that the University offer cooperative extension education concerning meat and poultry processing, consisting of quality assurance training and threat analysis crucial control point training and strategy advancement for meat and poultry processors.
Tennessee H 394, State Meat & & Meat Products Act
Develops a state meat assessment program; limitations application of today State Meat and Poultry Evaluation Act to poultry; works with a state meat assessment program director; licenses guidelines to develop requirements for poultry and poultry items, and recommends labeling and marketing requirements for poultry and poultry items.
Texas H 1333, Sale & & Purchase of Specific Fish
Excuses Texas wholesalers, sellers, and dining establishments from finfish import license requirements when offering fish raised by an operator of a Texas industrial aquaculture center. The legislation would likewise enable the importation and sale of finfish raised in the special financial zone, remove the requirement that imported fish be dead, and eliminate clashing or redundant language.
Texas H 3419, Transport of Horse Meat
Reverses the law limiting the transport of big amounts of horsemeat in between 10 p.m. and 4 a.m.
Texas S 664, Identifying of Analogue & & Cell-Cultured Meat
Supplies that a cell-cultured item should be identified in popular type equivalent to or higher in size than the surrounding type and near to the name of the item utilizing cell-cultured, lab-grown, or a comparable certifying term or disclaimer planned to interact to a customer the contents of this item plainly.
Food Deserts
An overall of 19 costs associated with food deserts were presented in the following states: California, Connecticut, Florida, Illinois, Michigan, Missouri, New Hampshire, New Mexico, New Jersey, New York City, North Carolina, Texas, Washington, D.C. and West Virginia. Bolded states suggest where costs have actually been enacted.
Food desert legislation has actually multiplied in the previous ten years. Prior to 2010, really couple of costs dealt with food deserts; this year, 19 costs were presented in 13 states and Washington, D.C. California enacted the Healthy Food Gain access to Policy and stated that every human has a right to enough, inexpensive, and healthy foods.
Illinois enacted the Farm to Food Bank Program, which is created to obtain and disperse farming items from Illinois farming entities to the Illinois emergency situation food system. The law likewise supplies grants to enhance the capability of the emergency situation food system to enable the appropriate transport, storage, or circulation of farming items to underserved locations.
Enacted Costs Consist Of:
California A 853, Retail Grocery Stores and Retail Drug Stores
Restricts an individual from obtaining any ballot securities or properties of a retail grocery company or retail drug company, as those terms are specified, unless both celebrations offer, or when it comes to a tender deal, the obtaining celebration provides, defined notification to the state attorney general of the United States no less than a defined variety of days prior to the acquisition is made efficient.
California S 701, Fruit & & Veggie Wholesalers
Licenses county board of managers to set the charge schedule approximately an optimum registration charge for vegetables and fruit wholesalers and licenses the board to need registration and costs.
Illinois H 2879, Farm to Food Bank
Develops the Illinois Farm to Food Bank Program within the Department of Person Solutions; supplies that the program will obtain and disperse farming items from Illinois farming entities or aggregators to the Illinois emergency situation food system and offer grants to enhance the capability of the emergency situation food system to enable the appropriate transport, storage, or circulation of farming items to underserved locations.
Food Security Accreditation and Training
An overall of 15 costs about food security accreditation and training were presented in the following states: Arizona, California, Georgia, Hawaii, Illinois, Iowa, New York City, Virginia and West Virginia. Bolded states suggest where costs have actually been enacted.
Numerous ingenious policies on food training and accreditations were enacted this year. An expense in Arizona excuses volunteers at a school where food is being managed or served beyond the school’s routine food service from acquiring a food handler certificate or taking part in a food handler certificate training course if a qualified food security supervisor manages the individual. California’s S 476 expense needs a company to pay a staff member for any needed expenses or losses from acquiring a food handler card. An expense in Hawaii appropriates funds for developing a GroupGAP food security training and accreditation program within the U.S. Department of Farming.
Virginia enacted 3 costs related in food security accreditation. Virginia S 1546 broadens the term “dining establishment” to adult and kid day care centers and schools.
Enacted Costs Consist Of:
Arizona H 2016, Food Handler Certificates & & Training
To food handler certificates; supplies that a county might not need an individual who volunteers at a school activity or function where food is being managed or served beyond the school’s routine food service to trainees to acquire a food handler certificate or recognition card or take part in a food handler certificate training course if a qualified food security supervisor manages the individual.
California S 476, Food Handler Cards
Needs a company to think about the time it considers the staff member to finish the training and the evaluation as compensable hours worked, for which the company would pay, and to pay the staff member for any needed expenses or losses connected with acquiring a food handler card.
Hawaii S 1588, Food Security Training & & Accreditation
Supplies that the U.S. Department of Farming developed the GroupGAP program in 2015 to help little farms with obtaining great farming practices (SPACE) accreditation; appropriates funds for developing a GroupGAP food security training and accreditation program within the U.S. Department of Farming.
Virginia H 837, Food and Consume Law
Supplies that the commissioner of Farming and Customer Solutions will release an authorization to any food producer, food storage warehouse, or retail food facility that, after assessment, is figured out to abide by all appropriate arrangements of this chapter and any policies embraced thereunder.
Virginia S 146, Prepared Foods
A facility that offers just ready foods does not need to have a qualified food security supervisor on-site throughout all hours of operation.
Virginia S 1546, Food Facility Allows
Connects To the Department of Health and dining establishments; consists of any location or operation that prepares or shops food for circulation to kid or adult day care centers or schools, despite whether the getting day care center or school holds a dining establishment license within the meaning of a dining establishment.
Nutrition and Supplemental Nutrition Support Program
An overall of 13 costs on nutrition and breeze were presented in the following states: California, Michigan, New Jersey, North Carolina, and Washington, D.C. Bolded states suggest where costs have actually been enacted.
New Jersey was the only state to enact a law (A1715) concerning breeze, which develops a basic accreditation duration of not less than a specific variety of months within breeze. It supplies that accreditation durations will not use to preliminary accreditation durations for expedited advantage issuance if a much shorter accreditation duration is needed to line up with the accreditation duration of another program or to make sure the appropriate issuance of advantages.
New Jersey A1715, Supplemental Nutrition Support Program (BREEZE) Accreditation Duration
Connects To the State breeze; supplies that the commissioner of Human Solutions will develop a basic accreditation duration of not less than a specific variety of months within breeze, with specific exceptions; supplies that accreditation durations will not use to preliminary accreditation durations for expedited advantage issuance if a much shorter accreditation duration is needed to line up with the accreditation duration of another program, or to make sure the appropriate issuance of advantages.
Marijuana in Food
An overall of 13 costs associated with marijuana in food were presented in the following states: California, Delaware, Florida, Minnesota, New Jersey and Tennessee. Bolded states suggest where costs have actually been enacted.
States continue to battle with marijuana policy, consisting of marijuana in food, which shows to be a popular and more pre-owned method to consuming marijuana.
Enacted Costs Consist Of:
Delaware H 2, Cannabis Control Act
Created to manage nonmedical cannabis. Controls and taxes cannabis for leisure usage in similar way as alcohol; develops a structure for production, manufacture, and sale in a legal leisure cannabis market; supplies that the offenses and charges under the Uniform Controlled Substances Act do not use to marijuana-related conduct permitted under the Delaware Medical Cannabis Control Act or the Delaware Cannabis Control Act.
Florida S 1676, Hemp in Food
Connects to hemp; supplies that hemp extract is thought about a food that goes through specific requirements; modifies the requirements that hemp extract should fulfill prior to being dispersed and offered in this state; supplies that hemp extract might just be offered to organizations in this state that fulfill specific allowing requirements; needs the Department of Farming and Customer Solutions to embrace guidelines.
Minnesota H 100, Workplace of Marijuana Management
Develops the Workplace of Marijuana Management; develops the Marijuana Advisory Council; legislates and restricts the ownership and usage of marijuana by grownups; offers the licensing, assessment, and policy of marijuana organizations and hemp organizations; needs screening of marijuana flower, marijuana items, and hemp items; needs labeling of marijuana flower, marijuana items, and hemp items; limitations the ad of marijuana flower, marijuana items, hemp items, and hemp organizations item.
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