1. (a) For the purposes of this subchapter, the term:

   1. (1) "Department" means the Department of Health.
   2. (2) "Food establishment" shall have the same meaning as provided in § 48-102(5).

   3. (3) "Microenterprise home kitchen business means a business that:

      1. (A) Operates out of a non-commercial kitchen facility located in a private home and is operated by a resident of the home where ready-to-eat food is handled, stored, or prepared to be offered for sale;
      2. (B) Sells ready-to-eat food products directly to consumers in accordance with § 7-742.12 and regulations adopted by the Department of Health;
      3. (C) Has obtained a home occupancy permit from the Department of Licensing and Consumer Protection pursuant to section 203 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR § 203);
      4. (D) Does not prepare food with processes that require a Hazard Analysis and Critical Control Point (HACCP) Plan pursuant to section 4202 of Title 25-A of the District of Columbia Municipal Regulations (25-A DCMR § 4202);
      5. (E) Does not include food manufacturing, and does not prepare alcohol-infused food products or food products containing cannabis, CBD, Kava, Kratom or any other unapproved food additive;
      6. (F) Is not a catering business, cottage food business, bed and breakfast, residence-based group home facility, or food truck;
      7. (G) Meets labeling requirements set forth in rules issued by the Department; and
      8. (H) Has applied for and is otherwise eligible for a vending site permit under Chapter 1A of Title 37.
   4. (4) "Microenterprise home kitchen permit" means a permit issued by the Department to an operator for the purpose of operating a microenterprise home kitchen business.
   5. (5) "Operator" means an individual who resides in the private home and who manages or controls the microenterprise home kitchen business.

   6. (6) "Ready-to-eat food" means:

      1. (A) Fully cooked food, including, but not limited to, meat, fish, fruit, and vegetables;
      2. (B) Raw fruit and vegetables that are washed and offered for sale whole or chopped;
      3. (C) Any other time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with regulations made by the Department; or
      4. (D) A bakery item for which further cooking is not required for food safety.
   7. (7) "Time or temperature control food" means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation.

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the creation of this section by § 2 of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

History

Oct. 3, 2001, D.C. Law 14-28, § 4935

July 1, 2023, D.C. Law 25-21, § 2

Applicability

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the creation of this section by § 2 of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section. Therefore the creation of this section by section 2 of Law 25-21 has been implemented.