1| COMMITTEE AMENDMENTCOMMITTEE AMENDMENT | | HOUSE OF REPRESENTATIVES | 2| State of Oklahoma | | | 3| SPEAKER: | | | 4| CHAIR: | | | 5|I move to amend HB1094 | | Of the | 6|printed Bill | |Page Section Lines | 7| | | Of the | 8|Engrossed Bill | | | 9|By striking the Title, the Enacting Clause, the entire bill, and by | |inserting in lieu thereof the following language: | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| STATE OF OKLAHOMA | | | 20| 1st Session of the 54th Legislature (2013) | | | 21|PROPOSED COMMITTEE | |SUBSTITUTE | 22|FOR | |HOUSE BILL NO. 1094 By: Roberts (Dustin) | 23| | | | 24| | | | Req. No. 6866 Page 1 ___________________________________________________________________________
1| | | | 2| PROPOSED COMMITTEE SUBSTITUTE | | | 3| An Act relating to public health and safety; creating | | the Home Bakery Act of 2013; defining terms; | 4| exempting certain establishment from licensing | | requirements; requiring certain establishment that | 5| sells prepared food to affix certain labeling | | information; providing for penalty; providing for | 6| certain construction; providing for codification; and | | providing an effective date. | 7| | | | 8| | | | 9| | | | 10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 11| SECTION 1. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 1-1440 of Title 63, unless there | | | 13|is created a duplication in numbering, reads as follows: | | | 14| This act shall be known and may be cited as the "Home Bakery Act | | | 15|of 2013". | | | 16| SECTION 2. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 1-1440.1 of Title 63, unless | | | 18|there is created a duplication in numbering, reads as follows: | | | 19| As used in the Home Bakery Act of 2013: | | | 20| 1. "Home food establishment" shall mean a business on the | | | 21|premises of a residence in which prepared food is created for sale | | | 22|or resale, for consumption off the premises, if the business has | | | 23|gross annual sales of prepared food of less than Twenty Thousand | | | 24| | | | Req. No. 6866 Page 2 ___________________________________________________________________________
1|Dollars ($20,000.00). Gross annual sales includes all sales of | | | 2|prepared food produced by the business at any location; and | | | 3| 2. "Prepared food" shall mean any baked goods except for | | | 4|products that contain meat products or fresh fruit. | | | 5| SECTION 3. NEW LAW A new section of law to be codified | | | 6|in the Oklahoma Statutes as Section 1-1440.2 of Title 63, unless | | | 7|there is created a duplication in numbering, reads as follows: | | | 8| A person operating a home food establishment shall be exempt | | | 9|from the licensing requirements of the State Department of Health. | | | 10|The Department, however, shall be permitted to request written | | | 11|documentation in order to verify the gross annual sales of a home | | | 12|food establishment. | | | 13| SECTION 4. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 1-1440.3 of Title 63, unless | | | 15|there is created a duplication in numbering, reads as follows: | | | 16| A home food establishment that sells prepared food shall affix a | | | 17|label that contains the following information: | | | 18| 1. The name and address of the home food establishment; | | | 19| 2. The name of the prepared food; and | | | 20| 3. The following statement printed in at least 10-point type in | | | 21|a color that provides a clear contrast to the background of the | | | 22|label: "Made in a home food establishment that is not licensed by | | | 23|the State Department of Health". | | | 24| | | | Req. No. 6866 Page 3 ___________________________________________________________________________
1| SECTION 5. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1-1440.4 of Title 63, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| Violation of Section 4 of the Home Bakery Act of 2013 shall be a | | | 5|misdemeanor and shall be punishable by a fine not exceeding One | | | 6|Hundred Dollars ($100.00). | | | 7| SECTION 6. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 1-1440.5 of Title 63, unless | | | 9|there is created a duplication in numbering, reads as follows: | | | 10| Nothing in the Home Bakery Act of 2013 shall be construed to | | | 11|prevent counties from enacting ordinances regulating the operation | | | 12|of home food establishments, provided such ordinances do not | | | 13|conflict with the provisions of the Home Bakery Act of 2013. | | | 14| SECTION 7. This act shall become effective November 1, 2013. | | | 15| | | | 16| 54-1-6866 AM 02/11/13 | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6866 Page 4© 2010-13 eCapitol, LLC. ALL RIGHTS RESERVED.
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