The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. IAN PATON
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"higher risk food" means food that is capable of supporting the growth of disease-causing micro-organisms or the production of toxins;
"home-based craft food" means the following food that is produced by an individual operating out of the individual’s home:
(a) lower risk food as described in section 3 that is not time or temperature controlled for safety;
(b) higher risk food as described in section 3 that is time or temperature controlled, or both, for safety;
"lower risk food" means food in a form or state that is not capable of supporting the growth of disease-causing micro-organisms or the production of toxins.
2 The purpose of this Act is to permit 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.
3 (1) Lower risk food must meet one or both of the following requirements:
(a) have a water activity (Aw) of 0.85 or less or a pH (Hydrogen ion concentration) value of 4.6 or less and be verified as lower risk food through commercial testing laboratories;
(b) sanitized by heat or chemical means to reduce the micro-organisms on a surface by 99.99%.
(2) The preparation, packaging and delivery of higher risk food must be in compliance with the food handler training program known as FOODSAFE Level 2 and carried out by an individual who is a holder of a FOODSAFE Level 2 certificate.
4 (1) An individual may produce the following lower risk home-based craft food:
(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 are 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 are pH 4.6 or less or Aw of 0.85 or less;
(r) relish, that are pH 4.6 or less or Aw of 0.85 or less;
(s) salsa, that are 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.
(2) An individual may produce the following higher risk home-based craft food:
(a) eggs that are maintained at 4 degrees or colder from point of packaging through to consumer receiving;
(b) raw meat, poultry and fish products that are frozen from point of packaging through to consumer receiving;
(c) canned products that are cooked for an equivalent of 121.1 degrees Celsius (250 degrees Fahrenheit) for 3 minutes;
(d) if food is meant to be refrigerated it must be delivered to consumer at 4 degrees or less;
(e) if food is meant to be hot it must be delivered to consumer at 60 degrees or above.
5 All home-based craft food must be labeled with 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;
(d) a statement that "This food is made in a home kitchen and is not inspected by the Ministry of Health or local health authority";
(e) all raw meat, poultry and fish products must be labeled with the packaging date and notice to keep frozen.
6 Subject to section 7, an individual may sell home-based craft food set out in sections 3 or 4 anywhere in British Columbia.
7 An individual who sells home-based craft food must comply with the following restrictions and conditions:
(a) the individual may sell either or both lower risk and higher risk food;
(b) the individual has an annual gross income of $75,000 or less from the sale of foods set out in sections 1, 3 or 4;
(c) the individual has a valid FOODSAFE Level 1 certificate for lower risk food and FOODSAFE Level 2 for higher risk food;
(d) the individual has a valid business permit from their local government.
8 This Act comes into force on the date of Royal Assent.