Rep. Mandisha A. Thomas Introduces Legislation to Legalize Microenterprise Home Kitchen Operations

ATLANTA – State Representative Mandisha A. Thomas (D-South Fulton) recently introduced House Bill 287, legislation which would authorize microenterprise operations out of home kitchens in compliance with the Georgia Department of Public Health. Under HB 287, microenterprise home kitchen operations would be considered non-commercial kitchens in private homes where ready-to-eat food is handled, stored, prepared or offered for sale by the resident off the premises.

“HB 287 embodies two of Georgia’s biggest strengths,” said Rep. Thomas. “As the number one state to do business and with agriculture as our top industry, this regulatory framework could help home chefs earn a livable income while providing Georgians in food desserts access to food grown by local farmers. I was excited to introduce this legislation to support entrepreneurship, sustainability and our local famers.”

HB 287, or the Microenterprise Home Kitchen Operations Act, would provide administrative authority to the Georgia Department of Public Health to issue permits and create the regulatory framework for these home kitchen operations to operate safely and legally. The public health department would also conduct annual inspections, which would be paid for by the business owner. Under HB 287, these businesses could only employ less than five individuals and have startup capital needs of less than $35,000, and its initial gross revenue must remain under $100,000. Operations located on farms would have the ability to sell their food on and off the premises.

Rep. Thomas recently presented this legislation before the House Agriculture and Consumer Affairs Committee on February 15, 2023. To remain eligible to become law this year, the Georgia House of Representatives must pass HB 287 by the end of Legislative Day 28, which is scheduled for March 6, 2023. Rep. Thomas is co-sponsoring this legislation with Reps. Kim Schofield (D-Atlanta) and Pedro “Pete” Marin (D-Duluth).

Humanaty Farm to Table, along with entrepreneurs, farmers and community partners, has also expressed its support of HB 287. Humanaty Farm to Table is a benefit corporation that seeks to deliver sustainable solutions to food systems through policy.

“Georgia House Bill 287 will allow people to prepare and sell out of their homes 30 ‘ready-to-eat’ meals a day with 25 percent of ingredients sourced locally from farms,” said Beth M. Graham, founder and CEO of Humanaty Farm to Table.

The Georgia Department of Agriculture currently operates the Cottage Food License Program, which allows for home-kitchen production of limited items, such as jellies, jams and cakes offered for sale at events or online. The program prohibits these operations from preparing foods that cannot be safely kept at room temperature.

Similar legislation was passed by the Utah State Legislature in 2021. Utah’s new law requires these businesses to obtain a permit, follow food safety practices and undergo annual local health department inspections.

            For more information on HB 287, please click here.

Representative Mandisha A. Thomas represents the citizens of District 65, which includes portions of Coweta, Douglas and Fulton counties. She was elected to the House of Representatives in 2020 and currently serves on the Agriculture & Consumer Affairs, Energy, Utilities & Telecommunications and Industry and Labor committees.

###