SENATE, No. 2734

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 


 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

 

Co-Sponsored by:

Senator Doherty

 

 

 

 

SYNOPSIS

     Permits sale of home-baked goods under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the sale of certain foods and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     “Bakery goods” means ready-to-eat baked food for which further cooking is not required for food safety, which is classified by regulation of the commissioner as being a not potentially hazardous food to consumers and includes, but is not limited to, bread, rolls, cakes, pies, cookies or pastries.

     “Commissioner” means the Commissioner of Health and Senior Services.

     “Home-baked” means that the bakery good was prepared in a kitchen in a private home that is not subject to regulation and inspection by the Department of Health and Senior Services.

     “Not potentially hazardous food” means a food which does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

 

     2.    A person may sell home-baked bakery goods if the consumer is notified by a clearly visible placard at the point of sale, in a manner prescribed by the commissioner, that the bakery goods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health and Senior Services.

 

     3.    The commissioner, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), after consultation with the Secretary of Agriculture, shall adopt rules and regulations to effectuate the purposes of this act.

 

     4.    This act shall take effect on the 180th day after enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill permits the sale of home-baked bakery goods if the consumer is notified by a clearly visible placard at the point of sale, in a manner prescribed by the Commissioner of Health and Senior Services, that the bakery goods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health and Senior Services.

     As defined in the bill:

     “Bakery goods” means ready-to-eat baked food for which further cooking is not required for food safety, which is classified by regulation of the commissioner as being a not potentially hazardous food to consumers and includes, but is not limited to, bread, rolls, cakes, pies, cookies or pastries.

     “Home-baked” means that the bakery good was prepared in a kitchen in a private home that is not subject to regulation and inspection by the Department of Health and Senior Services and prepared for sale at farmers’ markets, roadside stands, private houses or at functions.

     “Not potentially hazardous food” means a food which does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

     The bill directs the Commissioner of Health and Senior Services to adopt rules and regulations, after consultation with the Secretary of Agriculture, to effectuate its purposes.