196.298.  Definitions — operation not deemed food service establishment, when — no state or local regulation. — 1.  As used in this section, the following terms shall mean:

  (1)  "Baked good", includes cookies, cakes, breads, danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven.  A baked good does not include a potentially hazardous food item as defined by department rule;

  (2)  "Cottage food production operation", an individual operation out of the individual's home who:

  (a)  Produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the individual's home; and

  (b)  Sells the food produced under paragraph (a) of this subdivision only directly to consumers;

  (3)  "Department", the department of health and senior services;

  (4)  "Home", a primary residence that contains a kitchen and appliances designed for common residential usage.

  2.  A cottage food production operation is not a food service establishment and shall not be subject to any health or food code laws or regulations of the state or department other than this section and rules promulgated thereunder for a cottage food production operation.

  3.  (1)  A local health department shall not regulate the production of food at a cottage food production operation.

  (2)  Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.

  4.  The department shall promulgate rules requiring a cottage food production operation to label all of the foods described in this section which the operation intends to sell to consumers.  The label shall include the name and address of the cottage food production operation and a statement that the food is not inspected by the department or local health department.

  5.  A cottage food production operation shall not sell any foods described in this section through the internet unless both the cottage food production operation and the purchaser are located in this state.

  6.  Nothing in this section shall be construed to prohibit the authority of the department of health and senior services or local health departments to conduct an investigation of a food-borne disease or outbreak.