Anaya Nolan
The production and sales of processed foods are governed by state and federal regulations, which vary across the United States. These rules are known as cottage food laws, home-food processing rules, or baker's bills. They allow people to bake and prepare certain foods in their home kitchens and sell them on a small scale, usually at farmers' markets and directly to consumers. In some states, cottage food operators can sell anywhere within their state, as long as it is directly to the consumer. In others, sales are limited to farmers' markets, bake sales, and charity events. While some states prohibit sales altogether, others allow indirect sales to restaurants and retail stores.
Cottage food laws do not cover all types of food. For example, meat, poultry, seafood, and dairy products are prohibited. Baked goods that require refrigeration, such as cream, custard, or meringue pies, are also not allowed. However, baked goods that do not require refrigeration, such as cakes, cookies, and pastries, are permitted. Jams, jellies, and chocolate-covered foods that do not require refrigeration are also allowed.
| Characteristics | Values |
|---|---|
| Food items that can be sold | Baked goods, chocolate-covered foods, candy, jams, jellies, honey, salsa, frozen fruits or vegetables, acidified plant-based canned goods, etc. |
| Food items that cannot be sold | Meat, fish, dairy, cut produce, fresh or dried meat or meat products, baked goods requiring refrigeration, beverages, eggs, animal food, etc. |
| Other requirements | Food must be packaged and labelled with legible writing, name and address of the cottage food production operation, common name of the product, list of major allergens, and a statement that the food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department. |
| Sales | Direct-to-consumer sales are allowed, including online or mail-order sales in some states. Indirect sales are allowed in California, Maine, and Ohio, and at farmers' markets in New Hampshire and Pennsylvania. |
| Licensing | A license is generally not required, but some states have registration or permit requirements. |
| Income limit | Annual gross income of $50,000 or less in Texas; $25,000 limit in Michigan |
| Food safety | Operators must complete a basic food safety education or training program for food handlers. |
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What You'll Learn
Baked goods
It is worth noting that some states, like Michigan, only allow fruit-based jams and jellies as preserved or canned goods under their cottage food laws. Other states, like Texas, have expanded their laws to include any non-Time and Temperature Controlled for Safety (non-TTCS) food, which are foods with low water activity and low pH levels that do not require refrigeration. This means that baked goods that do not require refrigeration, such as cakes, cookies, and pastries, can be sold under the Texas Cottage Food Law.
Labeling and packaging requirements are also crucial to consider when selling baked goods under cottage food laws. Labels must include specific information, such as the name and address of the cottage food production operation, the common name of the product, and a list of allergens, such as eggs, nuts, soy, peanuts, milk, or wheat. Additionally, a statement disclosing that the food is made in a home kitchen and is not inspected by the relevant health department is often required. Proper food safety practices and basic food safety education or training are also essential for anyone selling baked goods under cottage food laws.
While cottage food laws allow individuals to sell directly to consumers, there are usually restrictions on selling to businesses such as restaurants or grocery stores. Most states limit sales to farmers' markets, roadside stands, bake sales, craft fairs, and charity events. It is worth noting that some states, like California, Maine, and Ohio, do allow indirect sales to restaurants and retail establishments. However, it is always advisable to consult with a specialist in your state to ensure compliance with the specific cottage food laws and regulations.
Lastly, it is important to be mindful of income limitations and licensing requirements. Many cottage food laws have annual gross income limits, after which a food license may be required. For example, Texas has an annual gross income limit of $50,000, while Michigan's limit is $25,000. Obtaining a food license will allow you to expand your business beyond the scope of cottage food laws and sell to a wider range of customers.
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Jams and jellies
In Alabama, the Cottage Food Law provides rules and regulations for jams and jellies that can be safely canned in a boiling water bath canner. It is important to use recipes and procedures approved by the United States Department of Agriculture (USDA) to ensure food safety. Proper canning equipment is essential, and the process involves filling water-bath canners with hot jars of jam or jelly, removing air bubbles, wiping the rim for sealing, placing the jars on a rack in the canner, and processing for a specified amount of time. After removing the jars, they should be placed on a padded surface and cooled for 12 to 24 hours. If the lid is not sealed properly, it should be reprocessed or refrigerated.
It is worth noting that cottage food laws generally prohibit the sale of wholesale foods and hazardous foods that require time and temperature control for safety, such as fresh or dried meat products. Additionally, some states restrict the sale of home-processed foods to farmers' markets, bake sales, and charity events, while only a few states permit sales to restaurants and grocery stores.
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Acidified, plant-based canned goods
To sell acidified, plant-based canned goods, you must comply with the relevant health and safety regulations. In Texas, this means that the food must have an equilibrium pH value of 4.6 or less. The food must be thermally processed and placed in an airtight container. The recipe must either be approved by the Department of State Health Services (DSHS), tested by an appropriately certified laboratory, approved by a qualified process authority, or tested at home.
Cottage food laws vary by state, so it is important to check the specific regulations in your area. In general, cottage food laws allow individuals to sell certain homemade food items directly to consumers, typically at farmers' markets. These laws often do not permit the sale of food to businesses such as restaurants or grocery stores.
It is important to note that cottage food producers are still subject to basic food safety regulations and may be required to complete food safety training. Additionally, there may be specific labelling requirements for acidified canned goods, including listing any major allergens and including a statement that the food is made in a home kitchen and is not inspected by health authorities.
Overall, while acidified, plant-based canned goods can be sold under cottage food laws, it is important to carefully follow the relevant health and safety regulations and labelling requirements to ensure compliance.
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Frozen fruits and vegetables
In the United States, cottage food laws allow individuals to use their homes to produce food for commercial sale. However, these laws vary from state to state. For instance, in Michigan, frozen fruits and vegetables can be used in baked goods, such as sweet breads, as long as they are incorporated into the batter and properly baked. Texas also permits the sale of frozen raw and uncut fruits or vegetables under cottage food laws. However, operators must adhere to specific labelling requirements, including the statement: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food frozen until preparing for consumption."
It is important to note that cottage food laws typically prohibit the sale of hazardous foods, such as meat and meat products, and fresh or refrigerated bakery goods. Additionally, in Michigan, baked goods cannot be decorated or garnished with fresh or frozen fruits or vegetables. Dehydrated fruits, vegetables, or herbs are permitted under cottage food laws, but they must be shelf-stable and properly packaged and labelled, with any allergens clearly listed.
While cottage food laws allow individuals to sell directly to other individuals, sales to businesses like restaurants or grocery stores are usually prohibited. Most states limit sales of cottage food products to farmers' markets, bake sales, and charity events. However, some states, like California, Maine, and Ohio, permit indirect sales to restaurants and retail stores.
To legally sell frozen fruits and vegetables under cottage food laws, individuals must comply with their specific state's regulations. This may include obtaining permits or licenses, completing food safety training, and adhering to packaging and labelling requirements. It is essential to consult the relevant state authorities for detailed information.
In summary, frozen fruits and vegetables can be sold under cottage food laws in certain states, such as Texas and Michigan, but specific requirements and restrictions must be followed to ensure compliance with local regulations.
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Candy
The types of candy that can be sold under cottage food laws vary depending on the state. In Texas, candy (including fudge, divinity, peanut brittle, toffee, chocolate, chocolate-dipped pretzels, marshmallows, rice cereal treats, etc.) can be sold under the cottage food law. However, candy containing dairy products or requiring refrigeration is subject to more regulations. In Michigan, candies containing alcohol, like liqueur-filled chocolates, are considered "adulterated" and cannot be sold under cottage food law. However, candies with flavouring or flavour extracts are allowed.
If you are making the candies yourself, you may need food manufacturing and food handling permits from your state's health department. An inspection of your kitchen and home may also be required. Your state may also have specific requirements for packaging and labelling, such as including allergen information.
If you are buying candies wholesale and reselling them, you will typically not need the same permits. However, it is important to check the specific regulations in your state, as they vary widely. For example, in Michigan, online sales are prohibited under cottage food exemptions, whereas Texas has no such restriction.
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Frequently asked questions
The Cottage Food Law allows individuals to legally bake and prepare certain foods in their home kitchens and sell them on a small scale, typically at farmers' markets and directly to consumers.
Foods that can be sold under the Cottage Food Law include baked goods that do not require refrigeration, such as cakes, cookies, muffins, donuts, and pastries. Other foods that can be sold include jams, jellies, chocolate-covered foods, and candies. Frozen raw and uncut fruits and vegetables are also allowed, as long as they are stored and delivered at the appropriate temperature.
Yes, there are restrictions on what can be sold under the Cottage Food Law. Foods that require time and temperature control for safety, such as meat, fish, dairy, and cut produce, are not allowed. In addition, only fruit-based jams and jellies are allowed as "preserved" or canned foods.
The requirements for permits and licenses may vary by state. In some states, you may need to obtain a permit or license to sell home-processed foods. However, in Texas, a retail food establishment license is not required for cottage food production operations. It is important to check the specific regulations in your state.
Yes, foods sold under the Cottage Food Law must be properly labeled. The labels must include the name and address of the producer, the common or usual name of the product, and a list of ingredients, especially if they include major allergens such as eggs, nuts, soy, peanuts, milk, or wheat. Additionally, the label must include a statement disclosing that the food is made in a home kitchen and is not inspected by the relevant health department.
