[Part IVA.  honey]

     §328-79  Home-based agricultural producer of honey; exemption.  (a)  A home-based agricultural producer of honey shall not be required to process honey in a certified honey house or food processing establishment, or be required to obtain a permit from the department, if the producer:

     (1)  Sells less than five hundred gallons of honey a year;

     (2)  Sells the honey directly to consumers or directly to a retail store that in turn sells the honey directly to consumers;

     (3)  Labels each container of honey sold with:

          (A)  The name and address of the producer;

          (B)  The net weight and volume of the honey, by standard measure;

          (C)  The date the honey was produced;

          (D)  The statement, "Honey should not be consumed by infants under one year of age." in clear and conspicuous print; and

          (E)  The statement, "This product is home-produced and processed and has not been inspected by the Department of Health." in clear and conspicuous print;

     (4)  Attends a department of health approved food safety workshop and passes the food safety certification exam; and

     (5)  Keeps honey production volume and honey product distribution records for a period of at least two years and makes the records available to the department.

     (b)  The State and counties shall not be liable for claims associated with honey distributed by home-based agricultural producers of honey; except for instances of gross negligence and intentional misconduct by the State or counties. [L 2005, c 63, pt of §1; am L 2013, c 131, §2]