§ 36-933 — Applicability of article; rules; enforcement

A. This article:

1. Is not more restrictive than the applicable federal laws.

2. Does not impede the department from investigating any reported foodborne illness.

3. Does not change the requirements for brand inspections, animal health inspections or any food inspections required by state or federal law, or change the requirements for the sale of milk, milk products, raw milk or raw milk products pursuant to section 3-606.

4. Does not affect any county or municipal building code, zoning code or ordinance or other land use regulation.

B. The department shall adopt rules relating to cottage food products that are consistent with this article and section 36-136, subsection I and that include both of the following:

1. A provision requiring recertification as a food handler or suspension or revocation of an individual's registration for failing to comply with the requirements of this article or impeding in the investigation of a reported foodborne illness.

2. Guidance relating to approved ingredient sources.

C. The department may enforce this article.

D. A county may not be required to enforce this article.

E. This article does not prevent the department and a local health agency, environmental agency or public health services agency from entering into a delegation agreement to enforce this article.