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CITY COUNCIL MEMORANDUM <br /> NO. 2016-10 <br /> April 14,2016 <br /> TO: Honorable Mayor Moore Wolfe and City Council <br /> FROM: Tim Gleason, City Manager <br /> Wendy Morthland, Corporation Counsel <br /> Amy Waks, Assistant Corporation Counsel <br /> SUBJECT: Addition to City Code, Chapter 50.2—Home Kitchen Operations <br /> SUMMARY RECOMMENDATION: The attached Ordinance would add a Chapter to the <br /> City Code allowing the operation of Home Kitchen Operations in the City. In addition to <br /> incorporating the requirements of the state statute, the City of Decatur zoning regulations would <br /> apply and are set forth in the Ordinance to ensure that the Home Kitchen operation is entirely <br /> incidental to residential use. <br /> BACKGROUND: The Home Kitchen Operation section of the Food Handling Regulation <br /> Enforcement Act commonly referred to as the "cupcake law" was effective January 1, 2016. The <br /> Act allows one to operate a home kitchen operation for the production or packaging of non- <br /> potentially hazardous baked goods in their home kitchen for direct sale. A non-potentially <br /> hazardous baked good is one that does not require time and temperature control for safety to <br /> limit pathogenic microorganism growth or toxin formation. <br /> In order to qualify, a home kitchen operation must: <br /> 1. Have gross monthly sales of less than $1000. <br /> 2. Provide notice to the purchaser that the product was produced in a home kitchen. <br /> 3. Attach a label or other written notice to the purchaser of the common or usual <br /> name of the food and USDA allergen labelling. <br /> 4. Sell the food directly to the consumer. <br /> 5. Store the food in the residence where the food is produced or packaged. <br /> The Macon County Health Department would have the ability to inspect the operation in the <br /> event of a complaint or disease outbreak. <br /> RECOMMENDATION: Staff recommends the suggested addition to the City Code, Chapter 50.2. <br /> POTENTIAL OBJECTIONS: Unknown. <br /> INPUT FROM OTHER SOURCES: <br /> STAFF REFERENCE: Amy Waks,Assistant Corporation Counsel, at 424-2807. <br /> BUDGET/TIME IMPLICATIONS: None. <br />