As used in the Homemade Food Freedom Act: 1. "Home food establishment" shall mean a business on the premises of a residence in which homemade food products are created for sale or resale if the business has gross annual sales of prepared food of less than Seventy-five Thousand Dollars ($75,000.00). Gross annual sales includes all sales of prepared food produced by the business at any location; 2. "Delivered" shall mean transferred to the customer, either immediately upon sale or at a time thereafter; 3. "Homemade food product" shall mean food, including a beverage, which is produced and, if packaged, packaged at a residence; provided, however, homemade food product shall not mean alcoholic beverages or unpasteurized milk or cannabis or marijuana products; 4. "Non-time- or -temperature-controlled for safety" shall mean food that does not require time or temperature control for safety to limit the rapid and progressive growth of infectious or toxigenic microorganisms, including foods that have a pH level of four and six-tenths (4.6) or below or a water activity (aw) value of eighty- five one-hundredths (0.85) or less; 5. "Time- or temperature-controlled for safety" shall mean a food that requires time or temperature control for safety to limit infectious or toxigenic microorganisms and is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; provided, however, time- or temperature-controlled for safety shall not include foods that have a pH level of four and six-tenths (4.6) or below or a water activity (aw) value of eighty- five one-hundredths (0.85) or less; 6. "Produce" shall mean to prepare a food product by cooking, baking, drying, mixing, cutting, canning, fermenting, preserving, dehydrating, growing, raising or other process; and 7. "Producer" shall mean the person who produces a homemade food product in a home food establishment. Added by Laws 2013, c. 40, § 2, eff. Nov. 1, 2013. Amended by Laws 2017, c. 85, § 1, eff. Nov. 1, 2017. Renumbered from § 1-1440.1 of Title 63 by Laws 2017, c. 85, § 4, eff. Nov. 1, 2017.
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