Food and Food Products - As enacted, clarifies and revises law concerning sales of nonpotentially hazardous foods prepared in home-based kitchens. - Amends TCA Title 53, Chapter 8, Part 1.
SB3547 has been assigned Public Chapter Number 1105 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3547Date
    Pub. Ch. 1105 05/29/2012
    Effective date(s) 05/21/1205/29/2012
    Signed by Governor05/21/2012
    Transmitted to Gov. for action.05/09/2012
    Signed by H. Speaker05/09/2012
    Signed by S. Speaker05/08/2012
    Enrolled and ready for signatures05/04/2012
    Passed H., Ayes 89, Nays 3 05/01/2012
    Am. withdrawn.(Amendment 2 - HA1396)05/01/2012
    Am. withdrawn.(Amendment 1 - HA0775)05/01/2012
    Subst. for comp. HB.05/01/2012
    Rcvd. from S., held on H. desk.04/04/2012
    Engrossed; ready for transmission to House04/02/2012
    Sponsor(s) Added.04/02/2012
    Passed S. as am., Ayes 32, Nays 004/02/2012
    S. adopted am.(Amendment 1 of 0 - SA1025)04/02/2012
    S. adopted am.(Amendment 1 of 1 - SA1097)04/02/2012
    Placed on Senate Regular Calendar cal. for 4/2/201203/30/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 003/28/2012
    Placed on S. C,L&A Comm. cal. for 3/28/201203/28/2012
    Action Def. in S. C,L&A Comm. to 3/28/201203/27/2012
    Placed on S. C,L&A Comm. cal. for 3/27/201203/21/2012
    Action Def. in S. C,L&A Comm. to 3/27/201203/20/2012
    Placed on S. C,L&A Comm. cal. for 3/20/201203/14/2012
    Action Def. in S. C,L&A Comm. to 3/20/201203/13/2012
    Placed on S. C,L&A Comm. cal. for 3/13/201203/09/2012
    P2C, ref. to S. C,L&A Comm.02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
    Actions For HB3302Date
    Comp. became Pub. Ch. 110505/29/2012
    Sponsor(s) Added.05/01/2012
    Comp. SB subst. 05/01/2012
    H. Placed on Regular Calendar for 4/30/201204/30/2012
    Placed on cal. Calendar & Rules Committee for 4/30/201204/30/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/30/2012
    Placed on cal. Finance, Ways & Means Committee for 4/30/201204/30/2012
    Rec. for pass. if am. by s/c ref. to Finance, Ways & Means Committee04/30/2012
    Placed on s/c cal Finance Subcommittee for 4/24/201204/24/2012
    Placed Behind the Budget 03/21/2012
    Placed on s/c cal Finance Subcommittee for 3/21/201203/20/2012
    Re-ref. to Finance Subcommittee03/19/2012
    Sponsor(s) Added.03/19/2012
    H. Placed on Regular Calendar for 3/19/201203/15/2012
    Placed on cal. Calendar & Rules Committee for 3/15/201203/14/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee02/28/2012
    Placed on cal. Agriculture Committee for 2/28/201202/22/2012
    Rec. for pass. if am. by s/c ref. to Agriculture Committee02/22/2012
    Placed on s/c cal Agriculture Subcommittee for 2/22/201202/15/2012
    Assigned to s/c Agriculture Subcommittee02/01/2012
    P2C, ref. to Agriculture Committee01/30/2012
    Intro., P1C.01/26/2012
    Filed for intro.01/25/2012
  • AmendmentsFiscal Memos
    SA1025Amendment 1-1 to SB3547Fiscal Memo for SA1025 (15826)  
    AmendmentsFiscal Memos
    HA0775Amendment 1-1 to HB3302Fiscal Memo for HA0775 (13433)  
    HA1396Amendment 2-1 to HB3302Fiscal Memo for HA1396 (15826)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3547

  • Fiscal Summary

    Not Available


    Bill Summary

    ON APRIL 2, 2012, THE SENATE ADOPTED AMENDMENT #1, AS AMENDED BY AMENDMENT #1 TO 1, AND PASSED SENATE BILL 3547, AS AMENDED.

    AMENDMENT #1, as amended, rewrites this bill to clarify and change present law concerning sales of nonpotentially hazardous foods prepared in home based kitchens.

    Present law authorizes the sale of nonpotentially hazardous foods prepared in a home based kitchen at a person's personal residence, a community or social event, including church bazaars and festivals, flea markets, or at farmer's markets. Present law defines "home based kitchen" as a cooking facility located in a person's primary residence. Present law defines "nonpotentially hazardous foods" as baked goods, jams, jellies, candy, dried apples, dried mixes and other such foods that do not meet the definition of potentially hazardous foods. Present law defines "potentially hazardous food" as any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients that is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, home-canned foods, or any food that requires temperature control for safety.

    This amendment removes baked goods and dried apples from the definition of "nonpotentially hazardous foods". This amendment also clarifies that home canned jams and jellies are not potentially hazardous food.

    Under present law, whenever the commissioner of agriculture finds that a nonpotentially hazardous food prepared in a home based kitchen is, by reason of microbiological, physical, chemical or allergenic contamination, injurious to the public health, the commissioner is authorized to prohibit the sale of such food until the facility in which it was prepared is inspected and the contamination is eliminated. This amendment instead authorizes the commissioner to prohibit the sale of a nonpotentially hazardous food prepared in a home based kitchen that is injurious to the public health until the facility in which it was prepared is inspected and found to be in substantial compliance with the regulations for establishments utilizing domestic kitchen facilities for bakery and other nonpotentially hazardous food, and the contamination is eliminated.

    Present law requires that any individual who processes nonpotentially hazardous foods in a home based kitchen must have adequate knowledge of safe food handling practices. This amendment instead encourages any individual who processes nonpotentially hazardous foods in a home based kitchen to complete a food safety course and to have their recipes and processes reviewed by a person who is knowledgeable about food processing and who is recognized by the department or a state college or university with a curriculum in food safety as an authority on preparing processed food.

    This amendment specifies that the law authorizing the sale of nonpotentially hazardous foods prepared in a home based kitchen does not prohibit a person from obtaining a regulatory services permit for a domestic kitchen when appropriately applied for and the relative requirements are met.

    This amendment specifies that when there is a conflict between the general that governs establishments selling food and the law authorizing the sale of nonpotentially hazardous foods prepared in a home based kitchen that the latter will control.

    This amendment removes the present law requirement that the department or a state college or university with a curriculum in food safety as an authority on preparing processed food must offer such curriculum at its county offices or online.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB3302

    SB3547 by Crowe - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 5/1/2012
    Passed
              Ayes...............................................89
              Noes................................................3

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 89.
              Representatives voting no were: DeBerry L, Fitzhugh, Fitzhugh, Moore -- 3.

              HB3302 by Hill - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/30/2012
              Voice Vote - Ayes Prevail

              HB3302 by Hill - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/30/2012
              Voice Vote - Ayes Prevail

              HB3302 by Hill - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/24/2012
              Voice Vote - Ayes Prevail

              HB3302 by Hill - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/15/2012
              Voice Vote - Ayes Prevail

              HB3302 by Hill - HOUSE AGRICULTURE AND NATURAL RESOURCES SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Agriculture Committee 2/22/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB3547 by Crowe - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/2/2012
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB3547 by Crowe - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 3/28/2012
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Beavers, Burks, Faulk, Gresham, Johnson, Southerland, Stewart, Tate, Tracy -- 9.