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HB 3108

Modifies provisions relating to homemade food

2026 Regular Session Introduced by Keith Elliott and 1 co-sponsor

Missouri HB 3108 broadens cottage foods into a “homemade food” regime, exempting home producers from standard health rules while requiring clear consumer labeling and in-state dire

Referred: Government Efficiency(H)
#businessandcommerce #food #health #public
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Bill Summary · HB 3108

Bill Summary — Missouri HB 3108 (2026)

Jurisdiction: Missouri
Session: 2026
Sponsor: Rep. Sassmann (Co-sponsors: Rep. Elliott)

Purpose and Intent

  • To modify and expand the current framework for homemade foods by replacing and broadening the existing cottage food provisions.
  • The bill creates a broader category of “homemade food producers” and exempts certain homemade products from state health and food code regulations, while maintaining labeling and consumer-notice requirements.

Key Provisions and Changes

  • Section 196.298 replaces the existing cottage food framework with a broader “homemade food” regime.
    • Definitions:
    • “Baked good” includes common bakery items but excludes potentially hazardous items per department rules.
    • “Homemade food” or “homemade food product” is produced and packaged at the producer’s private home.
    • “Producer” refers to an individual operating from home who makes homemade foods for direct sale to consumers, with limited exceptions.
    • Other terms: “End consumer,” “Non-potentially hazardous food,” and “Potentially hazardous food” with definitions aligned to regulatory rules.
    • Exemption and regulatory status:
    • A producer’s operation is not a food service establishment and is not subject to standard health/food code regulations beyond this section and its rules.
    • Homemade foods sold under this section must not be served or used as ingredients in commercial food establishments (with limited exceptions for certain retail spaces).
    • Transactions:
    • Direct transactions between the producer and an informed end consumer are required, though a designated agent or third-party vendor may facilitate transactions (e.g., retail shops or grocery stores).
    • Sales must occur within Missouri (no interstate commerce) and primarily involve non-potentially hazardous foods, with specific meat-related allowances and restrictions.
    • Meat and animal products:
    • Meat sales are generally restricted to certain types of venues (farms, farmers’ markets, producer locations, third-party locations) and subject to specific conditions:
      • Poultry sales limited by yearly production (up to 1,000 poultry birds) and other safeguards.
      • Other meat categories include live animals, live-animal portions, domestic rabbit meat, and certain farm-raised fish (non-catfish) with conditions, or sales under an animal share agreement.
    • Local regulation:
    • Local health departments cannot regulate the production of food at a cottage/homemade producer’s operation.
    • Records of complaints about producers must be maintained by local health departments and the state DHSS.
    • Sales channels and space:
    • Homemade foods may be sold from ranches, farms, or home retail spaces, or through third-party sellers of non-potentially hazardous foods, with required consumer disclosures about lack of inspection.
    • If a retail space also handles potentially hazardous foods or inspected items, it must be physically separated with clear signage and separate storage/handling to prevent intermingling.
    • Labeling and consumer notice:
    • The DHSS must promulgate rules requiring labels on foods produced for sale, including:
      • Producer name and address
      • A statement that the food is not inspected by the department or local health department
      • Notice to end consumers that foods sold at farmers’ markets or via home-based sales are not certified, labeled, licensed, packaged, regulated, or inspected
    • Third-party sellers must also inform consumers similarly.
    • Online sales:
    • No internet sales unless both producer and purchaser are in-state, and potentially hazardous foods are delivered directly from producer to informed end consumer.
    • Enforcement and investigation:
    • The act does not alter brand inspections or animal health inspections or preclude agency assistance/inspection at the producer’s request.
    • The department may investigate food-borne disease or outbreaks as currently authorized.

Who Is Affected

  • Homemade food producers operating from a private home.
  • End consumers purchasing homemade foods directly from producers, designated agents, or third-party vendors.
  • Retail spaces (including ranches, farms, home-based retailers, or third-party sellers) that sell homemade foods or related non-potentially hazardous foods, eggs, or dairy products.
  • Local health departments and the Missouri Department of Health and Senior Services (DHSS) as the enforcing and record-keeping bodies.
  • Agriculture-related entities and entities involved in meat processing or sale, under specified conditions.

Procedural and Timeline Aspects

  • Effective date: The bill text does not specify; it would follow the ordinary legislative process and effective date upon enactment.
  • Regulatory path:
    • DHSS must promulgate labeling and consumer-notice rules.
    • Local health departments’ regulatory authority is limited (no regulation of the producer’s operation under this act).
  • Compliance and enforcement:
    • Records of complaints maintained by DHSS and local health departments.
    • Distinctions maintained between inspected and uninspected foods, with required signage and space separation where applicable.
  • Fiscal notes:
    • The fiscal note indicates no net impact on state general revenue or other state funds in the 2027-2029 horizon.
    • DHSS and other agencies indicate manageable impact with core funding; no direct impact on small businesses beyond existing frameworks as per the note.

Observations

  • The bill expands the scope of homemade food exemptions beyond traditional cottage foods, creating a broader “producer” class with direct-to-consumer sales in-state.
  • It emphasizes consumer transparency about lack of inspection and labeling while limiting interstate commerce and certain meat sales.
  • It seeks to reduce regulatory burden on home-based food production, but maintains critical safety disclosures and certain operational constraints.
  • Local jurisdictions retain limited authority, primarily around complaints and specific space/separation requirements for mixed-use retail environments.

Compiled from official sources — confirm details with the bill’s official record.

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