Cameron Miranda
Alabama's Cottage Food Law allows individuals to produce and sell certain non-hazardous foods from their homes. The law, which came into effect in 2014 and was revised in 2021, permits the sale of non-potentially hazardous foods that do not require time or temperature control for safety. This includes baked goods, such as doughnuts, cakes, and pastries, as well as dried herbs, spices, and some non-perishable foods. However, there are important considerations for those wishing to sell doughnuts and other foodstuffs under this law. Producers must comply with specific regulations, including registering their business, adhering to labelling requirements, and completing food safety training. Furthermore, sales are restricted to direct transactions with consumers within Alabama, excluding sales to permitted facilities like restaurants and grocery stores. Understanding these rules is essential before embarking on a cottage food business venture.
| Characteristics | Values |
|---|---|
| Date of enactment | June 1, 2014 |
| Amendment | August 1, 2021 |
| Foods allowed | Non-hazardous foods, non-perishable foods, baked goods, jams/jellies, dried herbs, candies, doughnuts, cakes, cookies, pastries, etc. |
| Foods not allowed | Meat, poultry, fish, baked goods with ingredients that require refrigeration (e.g. custard pies, danish with cream filling) |
| Sales | Direct sales only, no limit on sales |
| Sales to permitted facilities | Not allowed (e.g. restaurants, grocery stores, novelty shops, coffee shops) |
| Delivery | Allowed within the state by mail, through an agent, or directly to the consumer |
| Food safety course | Required, approved by Alabama Department of Public Health, valid for 3-5 years |
| Business license | May be required by local municipality |
| Zoning laws | May prohibit a cottage food business |
| Labels | Required to be approved by the county health department, font size 10pt or larger, include name and address, product name, ingredients, and a disclaimer |
| Sales tax license | Required from Alabama Department of Revenue |
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What You'll Learn
Alabama's Cottage Food Law: What's allowed?
Alabama's Cottage Food Law allows individuals to produce and sell certain non-hazardous foods made in their homes. The law came into effect in 2014 and was revised in 2021 to expand the list of permitted foods, remove the sales limit, and allow online sales and in-state shipping.
The law defines "cottage food" as non-potentially hazardous food that does not require time or temperature control for safety. Examples of foods that can be sold under the law include:
- Baked goods: cakes, cookies, pastries, doughnuts, breads, pies, etc.
- Spices recognised as safe by the US Food and Drug Administration
- Dried fruits, vegetables, and herbs
- Fermented or preserved fruits and vegetables, such as pickles, relishes, and salsas
The law excludes products that use meat, poultry, or fish, as well as products for pets, medical/health supplements, and those containing more than 3% alcohol. Foods that require refrigeration, such as custard pies and cakes with whipped topping, cannot be sold directly to consumers and must be made in a licensed food kitchen.
Where can I sell my products?
Cottage food producers must sell directly to consumers within Alabama and cannot sell to permitted facilities such as grocery stores, restaurants, or coffee shops. Sales can be made in person, by phone, or online, and producers can now ship their products within the state or hire an agent to deliver them.
To operate a food business under the Cottage Food Law, individuals must pass a food safety course approved by the Alabama Department of Public Health and maintain current certification. Producers must also register their business and ensure their labels are approved by the county health department. A business license may also be required by the local municipality.
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Where you can sell doughnuts
The Alabama Cottage Food Law allows individuals to produce and sell certain non-hazardous foods from their homes. Doughnuts are among the baked goods that can be sold under this law, as long as they do not contain meat, poultry, or fish.
You can sell doughnuts and other cottage foods directly to consumers in Alabama in person, by phone, or online. This includes sales from your home, at farmers' markets, and other venues. You cannot sell cottage foods to permitted facilities such as grocery stores, restaurants, coffee shops, or novelty shops for resale.
To sell doughnuts under the Alabama Cottage Food Law, you must comply with several requirements. These include registering your business with the county health department, obtaining a sales tax license, and passing a food safety course approved by the Alabama Department of Public Health. Labels on your doughnut packages must also be approved by the county health department and include specific information such as the name and address of your business, the product name, and a list of ingredients.
It is important to note that there may be local laws or restrictions that prohibit operating a food business from your home, such as zoning laws or rental agreements. Additionally, certain types of baked goods with ingredients that require refrigeration may be subject to different regulations. Be sure to check with the Alabama Department of Public Health and your local health department to understand all the requirements before selling doughnuts under the Alabama Cottage Food Law.
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Food safety training and certification
In Alabama, the Cottage Food Law permits the sale of certain non-hazardous foods produced in home settings. This includes non-potentially hazardous foods with a safe water activity of less than 0.88 or a pH level of less than 4.2, such as dried herbs and fruits. However, those intending to operate a food business under this law must undergo food safety training and certification.
The Alabama Cooperative Extension System offers a tailored course for cottage food businesses, covering essential aspects of food safety, with a particular focus on foods prepared at home. This course is designed to meet the specific needs of those selling food under the Cottage Food Law. Upon successful completion of the course, participants receive a certificate, validating their understanding of food safety practices.
The frequency with which food entrepreneurs need to renew their certification varies. While some sources indicate that certification must be maintained by taking the course every five years, others suggest that current certification must always be maintained. It is important to refer to the most up-to-date regulations provided by the Alabama Department of Public Health.
In addition to the Alabama Cooperative Extension System course, other accredited food safety programs, such as those accredited by the American National Standards Institute (ANSI), are also accepted. These programs are designed to provide comprehensive training on food safety practices, covering topics such as major food allergens, alcohol service principles, and Hazard Analysis and Critical Control Points (HACCP) principles. By offering a range of accredited courses, food handlers can gain the necessary skills and confidence to safely produce and sell food products under the Cottage Food Law.
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Business licenses and registration
To sell doughnuts under the Cottage Food Law in Alabama, you must comply with specific business licensing and registration requirements. Here is an overview of the key considerations:
Business Licenses
According to Alabama's Cottage Food Law, a business license may be required by your local municipality, such as your city or county. The specific requirements may vary depending on your location within Alabama, so it is essential to check with your local authorities. You can contact your city or county clerk's office to inquire about the specific business licensing requirements for selling cottage food items, including doughnuts.
Registration with Health Department
Registration with the local health department is a crucial step in complying with Alabama's Cottage Food Law. Before starting your business, you must get approved by your local health department. This typically involves submitting an application and paying any associated fees, which can vary by county. The Alabama Department of Public Health has specific requirements that must be met, and they may also provide guidance on any additional local requirements.
Food Safety Course
In addition to registration, Alabama's Cottage Food Law mandates that individuals operating a food business under the Cottage Food Law must attend and pass an approved food safety course. This course is offered by the Alabama Cooperative Extension System (ACES) and is tailored specifically for cottage food producers in Alabama. The course covers essential food safety practices, particularly focusing on foods prepared at home. It is a prerequisite to obtaining certification, which must be maintained through periodic renewals.
Labeling and Testing
As part of the registration process, you will need to work closely with your county health department to ensure that your product labels meet the required standards. Any water activity and pH test results must also be submitted to the county health department for review and approval. This step is crucial in ensuring that your doughnut-making process complies with the health and safety standards outlined in the Cottage Food Law.
Sales Limitations
While there is currently no annual sales limit for cottage food producers in Alabama, it is important to stay informed about any changes in legislation that may reintroduce sales caps. Additionally, it is worth noting that cottage food producers are restricted from selling indirectly through grocery stores, restaurants, or wholesale channels. Direct sales to consumers within Alabama are permitted, whether in person, online, or by phone, along with direct delivery options.
In summary, selling doughnuts under Alabama's Cottage Food Law requires careful adherence to business licensing and registration procedures. By understanding the requirements outlined above, you can ensure that your doughnut business complies with the relevant health, safety, and sales regulations in Alabama.
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Product labelling and packaging
Alabama's Cottage Food Law, which came into effect in 2014 and was revised in 2021, permits the sale of certain nonhazardous foods produced in home settings. This includes doughnuts, as long as they do not contain meat, poultry, or fish, and are sold directly to consumers within the state.
When it comes to product labelling and packaging, there are several important considerations for those operating under the Cottage Food Law in Alabama. Firstly, all food items must be properly labelled before they are sold. This includes providing the name, street address, city, state, and zip code of the manufacturer, packer, or distributor. Additionally, an accurate statement of the net amount of food in the package, in both metric and English (standard) units, is required. The common or usual name of the food, along with a list of ingredients in descending order, must also be included. Any allergens in the product should be clearly stated, including the nine major allergens recognised by the FDA. Nutritional labelling guidelines must also be followed, providing quantitative amounts and percent daily values per serving size. The principal display panel should be large enough to accommodate all this information clearly and conspicuously.
The appearance of packaging and labelling can also impact the sales of a product. Today's consumers are particularly concerned about sanitation and safety, so securely wrapped and sealed packages are essential, especially for retail sales. It is recommended to strive for innovative and appropriate food arrangements and to choose a packaging method that enhances the product's appeal. Taking colour photographs of the desired product presentation and posting them in the processing area can help maintain consistency in product appearance.
It is worth noting that certain exemptions may apply to nutritional labelling requirements. Small businesses that employ fewer than 100 full-time workers and sell fewer than 100,000 units of a product annually in the United States must still file for an exemption with the FDA each year. Retailers with annual gross sales of $500,000 or less, or sales of food or dietary supplements to consumers of $50,000 or less, are exempt from filing for the exemption.
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Frequently asked questions
No, you cannot sell your doughnuts to grocery stores, restaurants, coffee shops, or other permitted establishments. You must sell directly to consumers within the state either in person, by phone, or online.
You must register your business with the county health department and pass a food safety course approved by the Alabama Department of Public Health. You also need to procure a sales tax license from the Alabama Department of Revenue for your business.
You can sell baked goods, cakes, cookies, pastries, breads, pies, and other non-hazardous foods that do not contain meat, poultry, or fish.
