HB 2750

                                                  PRINTER'S NO.     3841
                 THE GENERAL ASSEMBLY OF PENNSYLVANIA
                     HOUSE BILL
                     No. 2750
                                            Session of
                                              2026
INTRODUCED BY ROSSI, M. MACKENZIE, MIHALEK AND ROWE,
   AUGUST 26, 2026
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
   AUGUST 27, 2026
                                 AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2    Statutes, in food protection, further providing for
3    definitions, for license required and for applicability,
4    providing for microenterprise home kitchen operation and
5    further providing for definitions.
6    The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8    Section 1.     The definition of "retail food establishment" in
9 section 5702 of Title 3 of the Pennsylvania Consolidated
10 Statutes is amended and the section is amended by adding
11 definitions:
12 § 5702.    Definitions.
13    The following words and phrases when used in this subchapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16    * * *
17    "Home."      The primary residence occupied by the residence's
18 owner, which:
19(1)   contains only one stove or oven used for cooking,
1    which may be a double oven, designed for common residence
2    usage and not for commercial usage; and
3(2)     the stove or oven is operated in an ordinary kitchen
4    within the residence.
5    "Homemade food item."    Food made at a home. The term does not
6 include any of the following:
7(1)     Low-acid canned foods.
8(2)     Alcoholic beverages.
9(3)     Foods prepared through smoking or curing as a
10    preservation method.
11(4)     Juices unless produced by a microenterprise home
12    kitchen operation in accordance with 21 CFR Pt. 120 (relating
13    to hazard analysis and critical control point (HACCP)
14    systems).
15(5)     Custom processed meats or poultry.
16(6)     Shellfish from the operation of a molluscan
17    shellfish life-support system display tank used to store or
18    display shellfish that are offered for human consumption.
19(7)     Potentially hazardous foods prepared using reduced
20    oxygen methods.
21(8)     Food containing any drug.
22    * * *
23    "Microenterprise home kitchen operation."      A home that is
24 registered with a licensor to sell and deliver directly to a
25 consumer a homemade food item.
26    * * *
27    "Retail food establishment."       An establishment which stores,
28 prepares, packages, vends, offers for sale or otherwise provides
29 food for human consumption and which relinquishes possession of
30 food to a consumer directly, or indirectly, through a delivery
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1 service such as home delivery of grocery orders or delivery
2 service provided by common carriers. The term includes a
3 microenterprise home kitchen operation. The term does not
4 include dining cars operated by a railroad company in interstate
5 commerce or a bed and breakfast homestead or inn.
6    * * *
7    Section 2.     Section 5703(e) and (j) of Title 3 are amended by
8 adding paragraphs to read:
9 § 5703.    License required.
10    * * *
11    (e)     Inspection.--
12* * *
13(3)   A licensor shall inspect the premises of a
14    microenterprise home kitchen operation. Inspections shall be
15    limited to the home kitchen, locations of the home where
16    homemade food items and ingredients are stored and bathrooms
17    in the home for the purpose of ensuring that there is a
18    functioning hand washing sink and liquid soap.
19    * * *
20    (j)     Fees.--The fees that may be charged under this
21 subchapter are as established by the licensor, if the licensor
22 is an entity other than the department, and shall be paid into
23 the city, borough, incorporated town, township or county
24 treasury. If the licensor is the department, the fees shall be
25 paid to the State Treasury through the department and are as
26 follows:
27* * *
28(1.1)   For licensure of a retail food facility that is a
29    microenterprise home kitchen operation, an amount not to
30    exceed $50.
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1* * *
2    Section 3.       Section 5712(2) of Title 3 is amended to read:
3 § 5712.    Applicability.
4    This subchapter shall not apply to food that meets all of the
5 following requirements:
6* * *.
7(2)    [The] Except for a microenterprise home kitchen
8    operation, the food is prepared in a private home.
9* * *
10    Section 4.       Title 3 is amended by adding a section to read:
11 § 5713.1.       Microenterprise home kitchen operation.
12    (a)    Requirements.--A microenterprise home kitchen operation
13 shall:
14(1)    Produce homemade food items only in a home kitchen.
15(2)    Comply with Chapter 65 (relating to food employee
16    certification).
17(3)    Operate in accordance with this chapter.
18(4)    Sell and deliver homemade food items in accordance
19    with this section.
20    (b)    Prohibitions.--A licensor may not require a
21 microenterprise home kitchen operation to do any of the
22 following:
23(1)    Use commercial kitchen equipment or other
24    specialized kitchen equipment such as a three-compartment
25    sink.
26(2)    Alter the structure or design of the home kitchen.
27(3)    Install or modify venting in the home kitchen.
28(4)    Require a certain countertop be used in a home
29    kitchen.
30(5)    Prevent the presence of pets from parts of the home
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1    where food is not being stored or prepared, including the
2    kitchen when homemade food items to be sold are not being
3    prepared.
4    (c)    Sales and delivery.--A homemade food item may:
5(1)   Not be offered or sold to a consumer from another
6    retail food facility.
7(2)   Be sold by a microenterprise home kitchen operation
8    to a consumer in person or remotely, including by telephone
9    or Internet, or by an agent of the microenterprise home
10    kitchen operation or a third-party vendor, but must be
11    delivered by the microenterprise home kitchen operation to
12    the consumer in person.
13    (d)    Meats.--A microenterprise home kitchen operation may not
14 slaughter or process meats.
15    Section 5.     The definition of "food establishment" in section
16 5722 of Title 3 is amended and the section is amended by adding
17 a definition to read:
18 § 5722.    Definitions.
19    The following words and phrases when used in this subchapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22    * * *
23    "Food establishment."     A room, building or place or portion
24 thereof or vehicle maintained, used or operated for the purpose
25 of commercially storing, packaging, making, cooking, mixing,
26 processing, bottling, baking, canning, freezing, packing or
27 otherwise preparing, transporting or handling food. The term
28 excludes microenterprise home kitchen operations, retail food
29 facilities, retail food establishments and public eating and
30 drinking places and those portions of establishments operating
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1 exclusively under milk or milk products permits.
2    * * *
3    "Microenterprise home kitchen operation."   As defined in
4 section 5702 (relating to definitions).
5    * * *
6    Section 6.   This act shall take effect in 60 days.
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