(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.
