§ 11-49-103 — Wyoming Food Freedom Act; purpose; exemptions; assumption of risk

(a) The purpose of the Wyoming Food Freedom Act is to
allow for a producer's production and sale of homemade food or
drink products for an informed end consumer and to encourage the
expansion of agricultural sales at farmers markets, ranches,
farms and producers' homes by:
(i) Facilitating the purchase and consumption of
fresh and local agricultural products;
(ii) Enhancing the agricultural economy;
(iii) Providing Wyoming citizens with unimpeded
access to healthy food from known sources.
(b) Unless otherwise provided in this section, homemade
food products produced, sold and consumed in compliance with the
Wyoming Food Freedom Act shall be exempt from state licensure,
permitting, inspection, packaging and labeling requirements.
(c) Transactions under this act shall:
(i) Be directly between the producer and the informed
end consumer, except as otherwise provided by this act. A
producer may utilize a designated agent to facilitate a
transaction. The seller of eggs, dairy products or a homemade
food product consisting of non-potentially hazardous food may be
the producer of the item, a designated agent of the producer or
a third party vendor including a retail shop or grocery store as
long as the sale is made in compliance with this act. The seller
of a homemade food item consisting of potentially hazardous
food, except eggs and dairy products, shall be the producer of
the item or a designated agent of the producer;
(ii) Repealed by Laws 2020, ch. 69, § 2.
(iii) Occur only in Wyoming;
(iv) Not involve interstate commerce;
(v) Not involve the sale of meat products, with the
following exceptions:
(A) The sale of poultry and poultry products
provided:
(I) The producer slaughters not more than
one thousand (1,000) poultry of his own raising during any one
(1) calendar year;
(II) The producer does not engage in buying
or selling poultry products other than those produced from
poultry of his own raising; and
(III) The poultry product is not
adulterated or misbranded.
(B) The sale of live animals;
(C) The sale of portions of live animals before
slaughter for future delivery;
(D) The sale of domestic rabbit meat;
(E) The sale of farm raised fish provided:
(I) The fish is raised in accordance with
title 23 of the Wyoming statutes; and
(II) The fish is not catfish.
(F) The sale of meat pursuant to an animal share
under W.S. 11-49-104;
(G) The sale of meat products under subsection
(n) of this section, subject to subsection (o) of this section.
(vi) Only occur at farmers markets, farms, ranches,
producer's homes or offices, the retail location of the third
party seller of non-potentially hazardous foods, eggs and dairy
products or any location the producer and the informed end
consumer agree to.
(d) Except for raw, unprocessed fruits and vegetables,
food shall not be sold or used in any commercial food
establishment unless the food has been labeled, licensed,
packaged, regulated or inspected as required by law. Homemade or
uninspected food shall not be served or utilized as an
ingredient in a commercial food establishment. Nothing in this
section shall prohibit the sale of homemade food from a retail
space located at the ranch, farm or home where the food is
produced or at the retail location of a third party seller for
non-potentially hazardous food, eggs and dairy products. A
retail space selling homemade food under this section shall
inform the end consumer that the homemade food has not been
inspected and shall display a sign indicating that the homemade
food has not been inspected. If a retail space selling
potentially hazardous food, except eggs and dairy products, is
in any way associated with a commercial food establishment or
offers for sale any inspected product, the retail space selling
potentially hazardous homemade food shall comply with rules
adopted by the department of agriculture which shall require:
(i) That the retail space be physically separated
from the commercial food establishment with a separate door and
separate cash register or point of sale;
(ii) That each separate space shall include signs or
other markings clearly indicating which spaces are offering
inspected items for sale and which spaces are uninspected;
(iii) Separation of coolers, freezers and warehouse
or other storage areas to prohibit the intermingling of
inspected and uninspected products;
(iv) Any other requirements specified by the
department of agriculture to ensure the sale of homemade foods
is made to an informed end consumer.
(e) The producer shall inform the end consumer that any
food product or food sold at a farmers market or through ranch,
farm or home based sales pursuant to this act is not certified,
labeled, licensed, packaged, regulated or inspected. A third
party seller offering non-potentially hazardous food, eggs or
dairy products for sale pursuant to this act shall inform the
end consumer that the homemade food is not certified, labeled,
licensed, packaged, regulated or inspected.
(f) Repealed by Laws 2017, ch. 111, § 2.
(g) Nothing in this act shall be construed to impede the
Wyoming department of health in any investigation of food borne
illness.
(h) Nothing in this act shall be construed to change the
requirements for brand inspection or animal health inspections.
(j) Nothing in this act shall preclude an agency from
providing assistance, consultation or inspection, at the request
of the producer.
(k) In addition to the requirements of this section, for
sales of non-potentially hazardous food and dairy products at a
retail location or grocery store the food shall not be displayed
or offered for sale on the same shelf or display as food
produced in a licensed establishment and shall be clearly and
prominently labeled with "this food was made in a home kitchen,
is not regulated or inspected and may contain allergens".
(m) In addition to the transactions permitted under this
act, homemade food producers may sell homemade food and drink
products, eggs or dairy products to the maximum extent permitted
by federal law. The department of agriculture shall not
promulgate any standard for food and health inspection that is
applicable to this act that is more stringent than a standard
established by the United States department of agriculture and
nothing in this article shall be construed to be more
restrictive than applicable federal requirements.
(n) Except as prohibited by federal law and subject to
subsection (o) of this section, a producer may sell meat
products from cattle, sheep, swine or goats raised by the
producer that were slaughtered on the premises of the producer
or at a custom slaughter facility, if all of the following
conditions are met:
(i) The meat products are produced from animals that
are raised, slaughtered, processed and sold in Wyoming;
(ii) The meat products are sold directly to an
informed end consumer in Wyoming, whether for consumption on or
off the premises of the producer;
(iii) A prominent written warning statement is
delivered to the informed end consumer at the time of sale, or
the warning is displayed on a label affixed to the meat product
packaging. The warning required by this paragraph shall state:
(A) The meat product has not been inspected and
is not regulated;
(B) An informed end consumer who obtains meat
products under this act agrees not to sell, donate or
commercially redistribute the meat;
(C) Information describing the standards used by
the producer with respect to animal health and in the processing
of meat from the animal.
(iv) The producer shall not publish any statement
associated with the meat that implies or states the Wyoming
department of agriculture's approval or endorsement of meat
delivered under this subsection.
(o) Subsection (n) of this section shall be effective on
the date that the governor, on advice of the attorney general,
certifies to the secretary of state that the sale of meat
products from cattle, sheep, swine or goats raised by the
producer that were slaughtered on the premises of the producer
or at a custom slaughter facility is legalized under federal
law. Legalization under federal law shall constitute either the
passage of a federal law that allows direct-to-consumer sales of
uninspected meat products or the issuance of a final decision by
a federal court with jurisdiction over this state that declares
that the federal prohibition on direct-to-consumer sales is
unconstitutional or otherwise invalid. Sales of meat products
under subsection (n) of this section shall be allowed upon the
governor's certification to the secretary of state that sales of
uninspected meat products have been legalized under federal law.