Amended Law concerning Non-Profit Bake Sales

LICENSED NON-PROFIT OR NOT FOR PROFIT ORGANIZATIONS AND THE SALE OF CERTAIN FOODS Senate Bill 828, was signed into Law on June 6, 2010, and became effective on August 6, 2010. This Act amends Act 369, The Public Eating and Drinking Places Act. The amendment to the Act applies to ALL Public Eating & Drinking Places regardless of jurisdiction.

***Senate Bill 828, amends Act 369, and therefore, only applies to facilities licensed under Act 369. Facilities which are not licensed under Act 369, are not affected by this amendment. The amendment does not apply to ‘Registered facilities under Act 70, including Retail Food Stores, and does not change any Department policy regarding the types of facilities that are not licensed (such as church bake sales and soup kitchens).

If a facility is LICENSED under ACT 369, the ACT (369) shall not apply to FOOD that is ALL of the following:

1. The food is a non-PHF food 2. The food is prepared in a private home 3. The food must be donated 4. The recipient organization is non-profit (IRS Code 501(c)(3) exempt); or volunteer fire company, ambulance, religious, charitable, fraternal, veterans, civic, sportsmen, agricultural fair, agricultural association, or separately chartered auxiliary of these; or an organization that promotes extracurricular recreational activities for primary or secondary school youth on a not-for-profit basis. 5. The consumer must be informed that the food was prepared in a private home that is not licensed or inspected

What constitutes ‘informed’?

As regulations have not been written to support this Law, the following policy will apply when enforcing this amendment:

“Informed” shall constitute any written communication to the consumer that allows the consumer to understand that the foods in question were not made in an approved inspected kitchen. This may include, but is not limited to: placard, menu board notification, pamphlets, posted signs, product labels, or other effective means.

Verbiage on the notification may read, but is not limited to:

“Foods were made in a private home and donated”, “made and donated by our members”, “made in a home kitchen”, “made at home by our members”, “all baked goods have been donated by XYZ”, “products were made in the home kitchens of our members”

Any verbiage which a ‘reasonable’ consumer would understand to mean - that the foods were not made in the ‘licensed’ kitchen - should be acceptable.