26-2-470. Definitions.

As used in this article, the term:

“Commissioner” means the Commissioner of Agriculture.#

“Cottage food item” means a non-potentially hazardous food or nonalcoholic beverage intended for human consumption that is produced and, if packaged, packaged at the residential property of the producer. The term “cottage food item” shall not include alcoholic beverages, foods containing cannabis, or raw milk.#

“Cottage food operator” means a person who produces cottage food items at a residential property for sale to consumers or sellers pursuant to this article.#

“Cottage food production operation” means an individual, operating out of the individual’s home kitchen, who prepares, processes, packages, stores, and distributes non-potentially hazardous foods for sale directly to a person, including online and by mail order, or to any food sales establishment, as that term is defined in Code Section 26-2-21.#

“Department” means the Department of Agriculture of this state.#

“Home kitchen” means a kitchen primarily intended for use by the residents of a home.#

“Non-potentially hazardous foods” means cottage food items that do not require temperature control for safety because they are not capable of supporting the rapid growth of pathogenic or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. The term “non-potentially hazardous foods” includes, but is not limited to, baked goods such as loaf breads, rolls, biscuits and cakes, except those whose fillings require refrigeration or have high moisture content; jams, jellies, and preserves, except fruit butters when their commercial sterility may be affected by reduced sugar or pectin levels; uncut fruits and vegetables; dried fruits; dry herbs, seasonings, and mixtures; cereals, trail mixes, and granola; coated and uncoated nuts; vinegars and flavored vinegars; dill pickles; confections; fudge; dry soup mixes; roasted coffee beans; dry pasta; and popcorn, popcorn balls, and cotton candy.#

“Potentially hazardous foods” means cottage food items requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum.#

“Produce” means to prepare a food item by cooking, baking, drying, mixing, cutting, dehydrating, growing, raising, or other process.#

“Producer” means a person who produces a cottage food item pursuant to this article.#

“Seller” means any person, except a cottage food operator, who sells a cottage food item to a consumer, including, but not limited to, an agent of the producer or a third-party vendor.#

“Third-party vendor” means a retail store, grocery store, restaurant, or other similar store.#