Senate committee adopts bill to expand cottage-food rules with safety and labeling amendments

The Senate Committee on Health, Welfare and Programs voted to adopt SB 24-31 SD1 on May 8, advancing legislation to let small food entrepreneurs sell defined low-risk, nonperishable foods and to establish sanitary-permit, labeling and inspection requirements.

The bill’s committee substitute incorporates multiple amendments requested by the Commonwealth Healthcare Corporation’s Environmental Health Division (EHDP) and other stakeholders to make statutory language consistent with the 2022 FDA Food Code and local enforcement laws. Committee members and EHDP staff said the changes are intended to broaden entrepreneurship while preserving public-health protections.

John Tagabao of CHCC Environmental Health Services, who joined the meeting with operations manager Aileen Tanglinan, told the committee the division “is in support of this initiative” but recommended specific clarifications and a regulatory implementation period. The committee accepted several of CHCC’s suggestions, including replacing the bill’s undefined phrase for low‑risk foods with the Food Code definition for non–time/temperature‑control‑for‑safety (non‑TCS) foods and replacing “registration” language with a requirement to “apply for and obtain a sanitary permit.”

Other adopted changes require cottage‑food operators to label products with a business name, ingredients and production date; permit microenterprise home kitchens to sell at temporary events (permits not to exceed 30 consecutive days); and align enforcement steps and fines with existing local laws (Public Law 11‑40 and Public Law 12‑48). CHCC officials told the committee they will use those public laws and the Food Code as the basis for regulations and inspections.

Committee members emphasized access and compliance assistance for small operators. Senator Manny Gregory T. Castro said the bill “helps reduce the gap and encourages entrepreneurship” and praised language that allows EHDP to balance enforcement with warnings for first offenses. Senator (name recorded as) Babalto suggested small micro‑loans or micro‑grants — for refrigeration or cutting boards, for example — to help operators comply with permit requirements.

CHCC told the committee it has identified 32 known operators who fit cottage‑food or microenterprise categories; 23 are already regulated under sanitary permits and 9 were actively marketing without permits. EHDP staff said the aim of the statute is to remove barriers so unpermitted operators will come forward to obtain permits and then be subject to inspection and regulatory oversight.

The committee moved a package of amendments in session, and the committee adopted the SD1 draft. The roll call submitted by the legislative assistant recorded four yes votes with one member absent.

The committee asked staff to prepare the committee report and forward the SD1 draft to the full Senate for further action. CHCC and EHDP officials said they will draft regulations and coordinate with the Legislature during the post‑enactment rulemaking window.