Bill Text For HB1094 - Proposed Committee Substitute(1)

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