House Bill 263

How Will House Bill 263 Impact You?

This page is still in progress of being updated with the new requirements. If you do not see your question answered here, please join our Kentucky Home Bakers Facebook group. This group is open to all baking related questions, not just about the new law! We do ask that you live in Kentucky to join.

We get many questions about House Bill 263, and how it will impact the average home baker. What are the rules?

The best place to find out what the law states is by reading House Bill 263, which can be done here: http://www.lrc.ky.gov/recorddocuments/bill/18RS/HB263/bill.pdf

After you read the bill come back here and we will lay out the basics.

House Bill 263 will take effect on July 14, 2018! The new law does NOT require bakers to be inspected, register, or pay a fee! If you have questions about starting a home-based baking business, we suggest contacting an accountant on how to best do that for your situation.

*EDIT* The graphic says July 1st because we were originally given that date. We now have confirmation that the start date is July 14th.**

What Is A Home-Based Processor In Kentucky?

A Home-based processor means a person who in his or her home, produces or processes:

  • whole fruit and vegetables
  • mixed-greens
  • jams
  • jellies
  • sweet sorghum syrup
  • preserves
  • fruit butter
  • bread
  • fruit pies
  • cakes
  • cookies

I have been asked numerous times about candy being sold. Candy isn’t specifically mentioned in the bill, and I am still waiting for clarification on if it is included.

What Is The Difference Between A Processor And A Microprocessor?

See the above question for the definition of a home-based processor. The new law only allows home-based processors to bake from home kitchens without being a farmer. We originally asked for microprocessors to be included in the bill, but that was removed with the House Committee. To be a home-based microprocessor, you are still required to be a farmer.

  • The definition of a home-based microprocessor is: “Home-based microprocessor” means a farmer who, in the farmer’s home or certified or permitted kitchen, produces or processes acid foods, formulated acid food products, acidified food products, or low-acid canned foods, and who has a net income of less than thirty-five thousand dollars ($35,000) annually from the sale of the product.
  • “Certified” means any person or home-based microprocessor who:
    Has attended the Kentucky Cooperative Extension Service’s micro-processing program or pilot micro-processing program and has been identified by the Kentucky Cooperative Extension Service as having satisfactorily completed the prescribed course of instruction; or has attended some other school pursuant to 21 C.F.R. sec. 114.10.
  • “Farmer” means a person who is a resident of Kentucky and owns or rents agricultural land pursuant to subsection (9) of KRS 132.010 or horticultural land pursuant to subsection (10) of KRS 132.010. For the purposes of KRS 217.136 to
    12 217.139, “farmer” also means any person who is a resident of Kentucky and has grown the primary horticultural and agronomic ingredients used in the home-based micro-processed products which they have produced; and
  • The UK College of Agriculture and Food Environment has a helpful page for anyone interested in micro-processing: http://fcs-hes.ca.uky.edu/homebased_processing_microprocessing/ (Note, that this page is not updated with the changes of HB263).

Labeling Requirements For Home Based Processors In Kentucky

A home-based processor shall label each of its food products and include the following information on the label of each of its food products:

  • The name and address of the home-based processing operation.
  • The common or usual name of the food product.
  • The ingredients of the food product, in descending order of predominance by weight.
  • The net weight and volume of the food product by standard measure, or numerical count.
  • The following statement in ten (10) point type: “This product is home
    produced and processed”; and the date the product was processed.
  • Food products identified in KRS 217.015(56) and not labeled in accordance with subsection (3) of this section are deemed misbranded.

After a little research I found the example below for labels on Forrager. If say you do a modified cake recipe and add a “Cake Mix”, you will have to add the word “Cake Mix” (with probably the brand name). Then in parenthesis put the ingredients that are in the cake mix. This also applies to butter or even your vanilla extract. All ingredients in an ingredient must be listed on the label for your product.

From Forrager.com

The example below is from Kentucky’s website, and is based on what the law states for labeling requirements.