Big Sky Times

Montana lawmakers are discussing a proposed revision to the Montana Local Food Choice Act that would allow small-scale food producers to sell homemade food products without government regulation. 

Supporters of the bill, SB 202, say it would create economic opportunities for small farmers and improve access to locally produced food, while opponents worry about a potential compromise in food safety standards.

“Right now, there’s a conflict here between laws related to farmers market," Sen. Greg Hertz (R-Polson), the sponsor of SB 202 as well as the 2021 Montana Local Food Choice Act, said, according to NBC Montana. "And in the bill last session, it precisely said you could go to a farmers market or a community social event and sell these products at the farmers market. However, in the statute right now, there’s some rules in farmers market that the county commissioners can basically require packaging, labeling and all the things that are not allowed from Senate Bill 199 from last session. So all this bill does, it goes in there and clarifies issues."

The measure seeks to clarify exemptions for producers of handmade food or homemade food products, adjust standards for farmers markets and restrict the rulemaking authority of the Department of Public Health and Human Services and local boards of health, NBC Montana reported. The proposed change would make it possible for smaller-scale food producers to sell items prepared from their own cooking without being subject to control by the government. 

Proponents claim the act will promote access to food that is produced locally and give economic opportunities for smaller farmers. Opponents claim the proposed changes would lower the standards for food safety, which could result in an increase in the number of people getting sick from eating contaminated food.

The suggested amendment would remove some exemptions and introduce new standards concerning the labeling and preparation of food. To clarify exemptions from rules for producers of handmade food or homemade food products, Section 3 of the Montana Code would be amended to include the new language. It provides that state or political subdivision agencies cannot demand licensure, permitting, certification, labeling, testing, sampling or inspection in relation to handmade food or homemade food products. This would apply to both the food itself and the food products that are created from it. Labeling, licensure, inspection, sanitation, and other requirements and standards of some current Montana codes do not apply to producers. Neither do any of these other requirements and standards.

Examples of transactions have to take place directly between the producer and the end consumer who is informed, and they can only be for consumption in the consumer's house or at a typical community social function in Montana. Donations of home-cooked food and home-cooked food items are accepted, but donations of milk are not permitted at this time. Unless the food has been licensed, permitted, certified, packaged, labeled and inspected in accordance with the requirements of the law, homemade food cannot be sold or utilized in a retail food facility. 

The only exception to this rule is fresh, unprocessed fruits and vegetables. The amendment would change the statutes of Montana, giving boards of county commissioners the authority to set up and manage local markets.