HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

1  In this Act:

"home-based craft food" means food produced by an individual, operating out of the individual's home who produces lower risk food as described in section 3 that is not time or temperature controlled for safety.

Purpose of the Act

2  The Act allows individuals to sell certain foods made in home kitchens, without having to obtain a food establishment licence, use a commercial kitchen, or be subject to inspections by the province or local health authorities.

Time or temperature controlled food

3  (1) Lower risk food means food in a form or state that is not capable of supporting the growth of disease-causing organisms or the production of toxins and where one or more of the following factors apply:

(a) the food must have water activity (aw) of 0.85 or less;

(b) the food must have a pH (Hydrogen ion concentration) value of 4.6 or less;

(c) the food with a pH or an aw as described in paragraphs (a) or (b), is lower risk food verified through commercial testing laboratories.

(2) Higher risk food means food in a form or state which is capable of supporting growth of disease-causing microorganisms, or producing toxins.

(3) Individuals of home prepared foods must only sell foods which are considered to be lower risk food.

Certain foods

4  A home-based craft food production operation means an individual, operating out of the individual's home, who produces any of the following foods at the individual's home:

(a) a baked good that is not time and temperature controlled;

(b) candy;

(c) coated and uncoated nuts;

(d) fruit butters;

(e) a canned jam or jelly, that is pH 4.6 or less or aw of 0.85 or less;

(f) a fruit pie;

(g) dehydrated fruit or vegetables including dried beans;

(h) popcorn and popcorn snacks;

(i) cereal, including granola;

(j) dry mix;

(k) vinegar, wine vinegar, herb vinegar;

(l) pickled fruit or vegetables including beets and carrots, that are preserved in vinegar, brine or similar solution at an equilibrium pH value of 4.6 or less;

(m) mustard;

(n) roasted coffee or dry tea;

(o) a dried herb or dried herb mix;

(p) plant-based acidified canned goods, that are pH 4.6 or less or aw of 0.85 or less;

(q) syrup, that is pH 4.6 or less or aw of 0.85 or less;

(r) relish, that is pH 4.6 or less or aw of 0.85 or less;

(s) salsa, that is pH 4.6 or less or aw of 0.85 or less;

(t) honey;

(u) noodles;

(v) fresh fruit and vegetables;

(w) fudge;

(x) toffee;

(y) microgreens;

(z) apple sauce.

Labels

5  All home-based craft food must be labeled and contain the following information:

(a) name and physical address of the home-based craft food production;

(b) the common or usual name of the product;

(c) if the food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk, or wheat then that ingredient must be listed on the label; and

(d) a statement that the food is made in a home kitchen and is not inspected by the Ministry of Health or local health authority.

Where can an individual sell

6  Subject to section 7, an individual may sell home-based craft food as described in sections 1, 3 and 4 anywhere in the province of British Columbia.

Restrictions and conditions

7  An individual who sells home-based craft food must comply with the following restrictions and conditions:

(a) individuals of home prepared foods must only sell foods that are considered to be lower risk food,

(b) the individual has an annual gross income of $75,000 or less from the sale of food described in sections 1, 3 and 4,

(c) the individual has a valid Food Safe Level 1 certificate, and

(d) the individual has a valid business permit from their local government.

Commencement

8  This Act comes into force on the date of Royal Assent.