House Bill 1681 (HB 1681), also known as the Food Freedom Act, is now before the House Public Health, Welfare and Labor Committee. After an earlier scheduled hearing for the bill was postponed, the committee will be hearing the bill next week, possibly as early as Monday. A companion bill, Senate Bill 248 (SB 248) is now on the Senate floor for a vote having passed out of committee.

HB 1681 allows the unregulated sale of homemade food from the producer direct to the informed end consumer. Foods that can be sold under the bill include poultry (if the producer slaughters no more than 1000 birds a year), domestic rabbit meat, and farm-raised fish. Other meat can be distributed under the bill pursuant to an animal share agreement which is “an ownership interest in an animal or a herd of animals created by a written contract between an informed end consumer and a farmer or rancher.”

In addition, non-potentially hazardous food (i.e., food that does not require time or temperature control for food safety) can be sold by third-party vendors such as retail shops and grocery stores. Sellers can sell non-potentially hazardous foods across state lines as long as the seller complies with all applicable federal laws. Potentially hazardous foods (e.g., eggs, meats, poultry, fish, dairy foods) can only be sold within Arkansas.

“Informed end consumers” must be informed that the homemade food or drink product is not regulated, inspected, certified or subject to state packaging or labeling requirements (other than what the bill mandates) and has not been “processed in a facility that is subject to state licensing, permitting, inspection or regulation.” The bill expressly preempts county, municipal, and any other political jurisdiction from prohibiting and regulating the production and sale of homemade food or drink products. Homemade food can be sold at the ranch, farm, home or office where it is produced or at a retail location of a third-party seller if the food is not potentially hazardous. HB 1681 expressly states that nothing in the bill impedes the Department of Health in any investigation of foodborne illness.

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