December 1, 1998

SUBJECT: PERMANENT RULE CONCERNING HOME BAKED GOODS

SERVED AT TEMPORARY BENEVLOENT RESTAURANTS

The Health Division filed permanent rules with the Secretary of State on Friday,

January 3, 1986, affecting home baked goods. The permanent rule differs

slightly from the temporary rule adding the requirement that a sign be in plain

view which clearly states the baked goods were prepared in an unlicensed

kitchen. Temporary rules have been in effect on this subject since July, 1985.

The full text of the rule is as follows:

333-159-0120: All food products shall be wholesome and free of

spoilage, pathogenic organisms, toxic chemicals, and other harmful substances or

articles and so prepared, stored, handled, or displayed as to be safe for human

consumption. All milk and milk products shall come from an approved source.

No home canned or home processed foods shall be permitted, except that

privately donated bread, rolls, pies, cakes, doughnuts, and other pastries not

having perishable fillings, icings, toppings, or glazes may be used in temporary

restaurants operated by benevolent organizations for fund-raising events. A

notice with letters at least 2 ½ inches in height shall be posted in public view

stating that such “baked goods were prepared in an unlicensed kitchen.”

LC: Is

Revised 12/98