Amends TCA Title 5; Title 6; Title 7; Title 43; Title 53 and Title 68.

Generally under present law, a person must have a license from the commissioner of agriculture in order to manufacture, process, pack, or hold food for introduction into commerce. However, present law provides that a license is not required for a person who manufactures, processes, packs, or holds food for introduction into commerce, if: (1) The food is not potentially hazardous, as defined by departmental regulation; (2) The person is not subject to any license or permit requirements under present law provisions governing dairy samplers and testers licenses, dairy manufacturers, plant and distributors licenses, licensure for establishments slaughtering or processing meat or poultry, permits for retail food establishments; (3) The person introduces food into commerce only through direct retail sales to end consumers in the state; (4) The person employs no regular, full-time employees for the manufacturing, processing, packing, or holding of food; and (5) Prior to introducing the food into commerce, the person labels the food in accordance with this part and regulations promulgated by the commissioner. This bill deletes the above-described exemption from licensure and instead exempts the production and sale of homemade food items under this bill from all licensing, permitting, inspecting, packaging, and labeling laws of this state, except when the department of agriculture is investigating a reported foodborne illness. This bill defines "homemade food item" as a food item, including a non-alcoholic beverage, that is produced and, if packaged, packaged at the private residence of the producer. The exemption will apply only if the following conditions are satisfied: (1) Non-potentially hazardous homemade food items must be sold either by: the producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or an agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer; (2) Non-potentially hazardous homemade food items must be delivered either by: the producer to the consumer; or an agent of the producer, a third-party vendor, or a third-party carrier to the consumer; (3) The following information must be provided to the consumer, in the format required by item (4) below: the name, home address, and telephone number of the producer of the homemade food item; the common or usual name of the homemade food item; the ingredients of the homemade food item in descending order of predominance; and the following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."; (4) The information required by item(3) must be provided: on a label affixed to the package, if the homemade food item is packaged; on a label affixed to the container, if the homemade food item is offered for sale from a bulk container; on a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or on the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet. If the homemade food item is sold by telephone or custom order, the seller will not be required to display the information required by item (3) above, but the seller must disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller must have the information required by items (3)(A)-(C) above readily available and provide it to the consumer upon request; and (5) The homemade food item must not be meat, meat byproduct, meat food product, poultry, poultry byproduct, or poultry food product, unless: the production and sale of the item are within a federal exemption for certain activities such as the slaughter of one own's meat or poultry and activities associated with normal retail business and comply with other applicable federal regulations; or the item is meat or poultry that was slaughtered and processed at a facility operating under a USDA grant of inspection and is being sold without further processing directly to the consumer by the person who raised the animal or such person's agent. This bill specifies that it will not: (1) Impede the department in any investigation of a reported foodborne illness; (2) Preclude the production or sale of food items otherwise authorized by law; (3) Change the regulation of other goods and services where homemade food items are also produced or sold; (4) Exempt producers or sellers of homemade food items from any applicable tax law; (5) Exempt producers or sellers of homemade food items from any applicable fishing or hunting law; (6) Exempt producers or sellers of homemade food items from any applicable federal law, including any federal law prohibiting the sale of food items in interstate commerce; or (7) Exempt producers or sellers of homemade food items from any applicable law of another state. This bill will preempt county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items. ON MARCH 22, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 693, AS AMENDED. AMENDMENT #1 adds to this bill's preamble, replaces the term "non-potentially hazardous" with" non-time/temperature control for safety food, specifies that this bill does not apply to sales other than intrastate sales made within this state, and makes other technical clarifications. ON MARCH 21, 2022, THE HOUSE SUBSTITUTED SENATE BILL 693 FOR HOUSE BILL 813, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 693, AS AMENDED. AMENDMENT #2 changes this bill's effective date from July 1, 2021, to July 1, 2022; and updates references to reflect changes made in the code during the 2021 legislative session.