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Department of Health moves food-permit fees into rule, updates food code and definitions
Summary
The Department of Health proposed moving food-establishment permit fees from statute into rule and adopting portions of the 2022 Food Code; members sought clarification about adding sesame as a major allergen, refined-oils exemptions and a new definition for 'occasional sales.'
Olivia Johnson, legislative liaison for the Department of Health, presented rules moving permit fees from statute into rule under Public Chapter 127 (2025), updating duplicative language and incorporating recent Food Code updates (2022). The department said no permit-fee amounts changed in the move and that the update added definitions — including an 'occasional sales' definition to clarify a statutory exemption.
Representative Renaud asked why sesame was added as a major food allergen and whether highly refined oils derived from allergenic foods would still be excluded from the definition; Department counsel Krista Kruger said the change reflected the current food code and added the occasional-sales definition to clear up confusion among permittees. After agency responses and no public comments the committee moved a positive recommendation and the rule advanced.
