Cottage Food Laws: Do They Cover Drinks, Too?

The term cottage food refers to food produced by someone in small batches and offered to the public in places such as farmers' markets, special events, out of their homes, or on a roadside stand. These foods are typically non-perishable and may include certain canned goods. Cottage food laws are set by each US state to regulate at-home food businesses, including what foods can be sold, where they can be sold, and how much can be sold per year. While these laws vary by state, they generally do not apply to drinks, with some states prohibiting the sale of beverages such as juices. However, there are exceptions, as Illinois allows for the sale of certain drinks produced in home kitchens.

Do cottage food laws apply to drinks in Texas?

Texas cottage food laws allow individuals to sell certain foods made in home kitchens without needing a food manufacturer's license, using a commercial kitchen, or being subject to inspections by the state or local health departments. However, these laws do not apply to drinks.

The Texas Cottage Food Law was first passed in 2011 and has since been expanded twice, in 2013 and 2019. Under the current law, individuals can sell non-hazardous foods that do not require time or temperature control to prevent spoilage. This includes:

• Baked goods that do not require refrigeration, such as cakes, cookies, breads, and pastries.
• Coated and uncoated nuts.
• Unroasted nut butters.
• Canned jams and jellies.
• Dehydrated fruits and vegetables, including dried beans.
• Popcorn and popcorn snacks.
• Cereal, including granola.
• Roasted coffee or dry tea.
• Dried herbs or herb mixes.
• Whole (uncut) frozen fruits or vegetables.
• Canned acidified plant-based foods with a pH of 4.6 or less.
• Fermented vegetables with a pH of 4.6 or less.
• Pickled fruits or vegetables with a pH of 4.6 or less.

However, there are several restrictions and requirements for cottage food operations in Texas. These include:

• Gross annual income from the sales of these foods must not exceed $50,000.
• Food must be packaged in a way that prevents contamination, except for large or bulky items.
• Food must be labelled according to specific requirements, including the name and address of the producer, allergen information, and a statement that the food was prepared in an uninspected kitchen.
• Foods cannot be sold wholesale and must be sold directly to consumers.
• Producers must complete a basic course in safe food handling.
• Foods that require time and temperature control to prevent spoilage are prohibited, except for whole uncut frozen fruits and vegetables.
• Municipal zoning ordinances cannot prevent cottage food operations, but neighbours can take action if the business becomes a nuisance.

While Texas cottage food laws allow for the sale of a wide range of non-hazardous foods, they do not apply to drinks. Beverages such as juices, coffee, and tea are specifically listed as foods that cannot be sold under the Cottage Food Law. Therefore, individuals looking to sell drinks in Texas would need to follow the regulations for commercial kitchens and food manufacturing licenses.

What about in other states?

Cottage food laws vary from state to state in the US, and sometimes even from county to county. In general, cottage food laws are laws set by each state to regulate at-home food and drink businesses. They determine the type of food, what can be sold, where it can be sold, and how much can be sold per year.

In some states, you will require a cottage food permit or a cottage food license and a domestic kitchen license before you can start a cottage food business. In most states, you cannot sell cottage food to businesses such as restaurants or grocery stores, and none of the states allow you to ship your food out of state. However, in a few states, you can sell to other stores and businesses, and some states allow online sales as long as the products are delivered directly to the consumer.

Some states have income caps for cottage food businesses, ranging from $2,500 to $250,000, while other states have no income caps.

In terms of what can be sold, this varies but generally includes non-potentially hazardous foods that are made in a private kitchen and do not require time or temperature control for safety. Examples include low-risk foods like baked goods, vinegar, spice blends, dry mixes, granola, nut mixes, popcorn, tea and coffee blends, and canned goods.

Some states have strict requirements for what must be included on food labels, such as a statement that the food was prepared in an uninspected kitchen, while other states have more lenient requirements.

• Alabama: Direct sales of almost any type of non-perishable food are allowed, and there is no sales limit. Online sales and in-state shipping are permitted. However, producers must take a basic food safety training course and get approved by their local health department.
• Alaska: The sale of cottage foods is allowed without a permit if certain guidelines are followed, including providing a detailed label with a list of ingredients and the business license number.
• Arizona: Arizona has lenient cottage food laws and over 10,000 cottage food businesses registered in the state. There is no cap on how much a cottage food producer can make, and producers may sell to other stores and businesses.
• Arkansas: Arkansas has amended its cottage food law three times, most recently passing the Food Freedom Act, which allows cottage food producers to sell their foods to anyone, including stores, and to other states and online.
• California: California requires vendors to register

What are the labelling requirements for drinks?

The labelling requirements for drinks vary depending on the type of beverage and the region in which it is sold. Here is a detailed overview of the labelling requirements for alcoholic and non-alcoholic drinks:

Alcoholic Beverages:

The labelling of alcoholic beverages is subject to strict regulations that ensure consumer safety, provide transparency, and facilitate legal compliance. These regulations are often region-specific and may include the following requirements:

• Name and Address of Supplier: The label must include the name and physical address of the manufacturer, packer, or importer.
• Lot Identification: Each beverage must have a unique 'lot' or 'batch' identifier for traceability purposes.
• Statement of Ingredients: While listing ingredients is generally not mandatory, allergens must be clearly stated.
• Advisory Statements (Allergens): Labels must include advisory statements if the beverage contains specific ingredients known to cause allergic reactions.
• Best-Before Date: Including a 'best-before' date is usually not required, but it becomes mandatory if the product has a shelf life of less than two years.
• Statement of Storage Conditions: This is generally not mandatory unless specific storage conditions are necessary to maintain product quality until the 'best-before' date.
• Nutrition, Health, and Related Claims: Making nutrition or health claims on beverages with more than 1.15% ABV is prohibited, except for claims related to energy content, carbohydrate, or gluten content.
• Country of Origin: Alcoholic beverages are typically required to include a Country of Origin statement as they are categorised as non-priority foods.
• Statement of Alcohol Content: A statement of alcohol content is mandatory for beverages containing more than 0.5% alcohol by volume, with specific requirements depending on the alcohol content.
• Statement of Standard Drinks: Beverages with an ABV greater than 0.5% must include a statement indicating the number of standard drinks in the container, with specific formatting and placement guidelines.
• Pregnancy Warning Label: A pregnancy warning label is mandatory for packaged alcoholic beverages containing more than 1.15% alcohol by volume to inform consumers about the risks associated with alcohol consumption during pregnancy.
• Barcode: It is recommended to use EAN-13 barcodes that meet GS1 standards for effective supply chain management.
• Recycling Logo: Including a recycling logo is advisable for containers made from recyclable materials to encourage environmentally responsible disposal.
• Drinkwise Logo: The Drinkwise logo is optional but promotes responsible drinking and enhances the brand's reputation.
• Responsible Drinking Messages: Including messages such as "Drink Responsibly" or "Don't Drink and Drive" is recommended to promote moderation and consumer well-being.

Non-Alcoholic Beverages:

The labelling requirements for non-alcoholic beverages can vary by region and specific product regulations. Here are some general guidelines:

• Name of Product: The label must include the name or a description of the product with sufficient information to reflect its true nature.
• Ingredients: A complete list of ingredients is usually required, with allergens clearly highlighted or separated.
• Nutrition Facts: A nutrition facts panel is often mandatory, providing information about calories, nutrients, and daily value percentages.
• Net Quantity: The net volume or weight of the beverage must be stated, typically in metric units.
• Date Marking: Including a "best before" or "use by" date is common, especially for perishable products.
• Manufacturer Information: The name and address of the manufacturer, packer, or distributor are typically required.
• Storage and Preparation Instructions: Specific storage conditions and preparation instructions may be necessary for certain products.
• Health and Safety Warnings: Labels may be required to include health and safety warnings, such as caffeine content or choking hazards.
• Country of Origin: For imported products, indicating the country of origin is often mandatory.
• Barcode: Barcodes are commonly used for supply chain management and product identification.

It is important to note that specific regions and product categories may have additional or modified requirements. Therefore, it is essential to refer to the regulations specific to your region and product type when determining the labelling requirements for your drinks.

What are the health and safety requirements for drinks?

The health and safety requirements for drinks are extensive and vary depending on the type of drink. Here is an overview of the key requirements:

Ingredients and Composition

There are strict rules governing the ingredients and composition of drinks. Drinks should not contain anything that may be harmful to human health, and they must meet consumer expectations for quality. In addition, drinks must be accurately labelled and not presented in a misleading way. This includes providing a list of ingredients, highlighting any allergens, and specifying the quantity of certain ingredients.

Temperature Controls, Storage, and Preservation

Food and drink businesses must implement temperature controls, adequate storage, and preservation methods to minimise the risk of harm to consumers. This is particularly important for perishable products and those with specific storage requirements, such as refrigeration.

Cleaning and Disinfection

Hygiene is critical in the food and drink industry. Proper cleaning and disinfection procedures must be in place to prevent food poisoning and other health hazards. This includes regular cleaning of equipment, utensils, and surfaces that come into contact with food and drinks.

Food Safety Management

Food and drink businesses should have a comprehensive food safety management system in place. This includes training staff on food safety practices, implementing standard operating procedures, and conducting regular inspections to ensure compliance with health and safety regulations.

Weighing and Measuring

There are legal requirements for the accurate weighing and measuring of drinks, especially when it comes to packaged or prepacked drinks. This ensures that consumers receive the correct quantity and that labelling information is accurate.

Date Marking

Drinks typically have "best before" or "use by" dates. "Best before" dates indicate the period during which the product will retain its optimal quality, while "use by" dates are for highly perishable items and relate to food safety. Selling food or drinks after their "use by" date is illegal.

Nutrition and Health Claims

Any nutrition and health claims made on drink labels must comply with legal requirements. Claims about the nutritional properties or health benefits of a drink must be accurate and supported by scientific evidence. Misleading or false claims are not permitted.

Container and Packaging Safety

The containers and packaging used for drinks must also meet safety standards. This includes ensuring that the materials used do not contaminate the drink and that the packaging is safe for consumer use. For example, glass bottles are generally considered safer than plastic bottles, which can leach chemicals over time.

These requirements help ensure that drinks are safe for consumption and meet the necessary quality standards. Both manufacturers and consumers play a role in adhering to and advocating for health and safety requirements in the drinks industry.

What drinks are prohibited?

The drinks that are prohibited under cottage food laws vary from state to state. In general, cottage food laws apply to non-potentially hazardous drinks that are made in a person's home and sold directly to an informed consumer. These drinks do not require time or temperature control for safety and may include low-risk drinks like tea and coffee blends. However, it is important to note that each state has its own specific regulations and prohibited drinks.

For example, in Illinois, the cottage food law specifically lists out foods and drinks that are prohibited, while in other states like Indiana, there is no mention of prohibited drinks. Here is a list of prohibited drinks in some states:

• Illinois: Drinks that are listed as prohibited by Illinois law include canned tomatoes, acidified, and fermented foods.
• Texas: Beverages that require refrigeration to prevent the growth of pathogenic bacteria are prohibited.
• Washington, D.C.: There is no specific mention of prohibited drinks, but the sale of cottage foods requires a permit and compliance with certain regulations.
• California: California has stricter requirements, including the need for a permit, registration with the local environmental health agency, compliance with local laws, and a business license.
• Florida: Florida has a similar list of prohibited drinks, including canned fruits and vegetables, and foods that require temperature control.

It is important to check the specific cottage food laws and regulations for your state to determine the prohibited drinks. These laws can vary and may include additional requirements or restrictions on the production and sale of cottage food and drinks.

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