Cottage Law: What's Allowed To Sell?

what can you sell under cottage law

Cottage food laws allow individuals to sell food made in their home kitchens directly to customers. This includes sales at farmers' markets, roadside stands, and festivals, but some states also allow indirect sales to restaurants and retail stores. These laws are intended to reduce regulatory burdens on small food businesses, such as costly inspections and licensing requirements. While specific rules vary by state, prohibited foods under cottage food laws include meat products and those that require refrigeration, like beverages and hot meals.

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Baked goods

Each state has its own cottage food laws, so it is important to check the specific regulations for your state. In general, baked goods that can be sold under cottage food laws include cookies, cakes, muffins, and donuts. These goods must be shelf-stable and not potentially hazardous, meaning they do not require refrigeration. For example, cheesecakes, custard fillings, and meringue pies are not covered by cottage food laws as they are perishable.

It is important to note that prohibited ingredients, such as meat, fish, and dairy, cannot be used in baked goods sold under cottage food laws. Additionally, any fillings for pastries or pies cannot include cream, custard, or meat products.

Labeling requirements are also important to consider. Labels must include the weight or volume, your name, your address, the statement "this item is home-produced," and a list of ingredients in order by weight. It is also recommended to check if liability insurance is required in your state, as it may be necessary for certain venues such as farmers' markets.

Overall, selling baked goods under cottage food laws can be a great way to start a small food business, but it is important to understand the specific regulations and requirements for your state to ensure compliance and food safety.

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Jams and jellies

When it comes to jams and jellies, many states include these items under their cottage food laws. For example, North Dakota has some of the most lenient cottage food laws, allowing residents to sell jams and jellies at farmers' markets, roadside stands, and even via delivery, without any licensing or training requirements. Similarly, Washington state permits the sale of jams and jellies produced in residential kitchens, but a permit is necessary.

It's important to note that some states have more restrictive cottage food laws. For instance, Pennsylvania has a limited food establishment program that allows sales of cottage foods, but the approval process can take up to four weeks. Additionally, certain states may require specific labelling, such as weight or volume, your name and address, a statement indicating the item is home-produced, and a list of ingredients in order of weight.

While jams and jellies are often permissible, it's worth noting that most states prohibit the sale of certain food items under cottage food laws. These prohibited items typically include anything 'acidified', like pickles, as well as foods that require refrigeration or have been pressure-canned. Additionally, interstate sales are generally not allowed, and online sales are typically restricted to within state borders.

If you're considering selling jams and jellies under cottage food laws, it's essential to consult the specific regulations for your state. While some states may offer more opportunities and flexibility, understanding the legal requirements will help ensure your business venture complies with the relevant food safety and labelling standards.

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Dry foods

Some states allow the sale of dry foods at farmers' markets, while others prohibit sales altogether. It's important to note that you can generally sell directly to other individuals, but not to businesses such as restaurants or grocery stores. However, California, Maine, and Ohio do allow indirect sales to restaurants, retail, and wholesale.

When selling dry foods under cottage food laws, it's crucial to comply with labeling requirements. You will typically need to label your products with the weight or volume, your name, your address, the words "this item is home-produced", and all the ingredients in order by weight. In some states, you may also need to comply with Federal label regulations and the nutritional labeling law.

It's important to understand the specific rules and regulations of your state before starting a cottage food business. For example, in Michigan, wild mushrooms collected by a recognized expert can be sold without a license if they are not further processed. Additionally, coffee beans can be roasted and sold under the Cottage Food Law, as long as all provisions, such as labeling and storage, are met.

In Colorado, dry foods that are eligible for sale under the Cottage Foods Act include dry spices, dehydrated produce, nuts, seeds, flour, and candies. Producers must complete a food safety training course before starting their business.

By understanding the specific dry foods allowed under cottage food laws in your state and complying with labeling and safety requirements, you can successfully sell dry foods as part of your cottage food business.

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Permits and licenses

Zoning Clearance or Permit

Depending on your state's regulations, you may need to obtain a zoning clearance or permit from a local zoning department, department of agriculture, or department of health. This is a common requirement for cottage food operations.

Food Licenses

If your food products are not covered by the Cottage Food Law or if your earnings exceed the maximum limit set by your state (for example, $25,000 in Michigan), you may need to obtain a food license. The licensing agency could be the state's Department of Agriculture and Rural Development (MDARD) or the local health department.

Food Safety Practices

To ensure food safety, it is crucial to follow correct food safety practices when preparing food under cottage law. This includes maintaining a clean and sanitary kitchen, proper refrigeration practices, and preventing cross-contamination. Some states may have specific requirements for refrigeration equipment, such as maintaining a temperature of 41 degrees Fahrenheit or lower.

Labeling Requirements

Cottage food laws typically specify labeling requirements, which may include listing the weight or volume, your name and address, an indication that the item is home-produced, and a list of ingredients in order by weight. It is important to comply with federal, state, and cottage food labeling guidelines to ensure your product labels are accurate and compliant.

Sales Restrictions

Cottage food laws usually restrict sales to individuals and prohibit sales to businesses such as restaurants or grocery stores. Most states limit sales to farmers' markets, roadside stands, bake sales, craft fairs, and charity events. Interstate sales are generally not allowed, and online sales across state lines are typically prohibited.

It is important to note that cottage food laws vary from state to state, so it is essential to consult the specific regulations in your state to ensure you have the correct permits and licenses for your cottage food business.

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Sales and distribution

Most states with cottage food laws allow sales at farmers' markets, stands, fairs, and festivals. Some states also permit sales at bake sales and charity events. It is important to note that interstate sales are typically not allowed, and online sales are prohibited in most states.

When selling cottage foods, proper labelling is crucial. Cottage food laws usually specify a subset of federal labelling requirements, which may include the weight or volume, producer's name and address, an indication that the item is home-produced, and a list of ingredients in order of weight. Some states may also have additional requirements, such as nutritional labelling.

In terms of distribution, it is worth noting that some venues, like farmers' markets, may require liability insurance. This is something to consider based on the risk associated with your product. Additionally, certain states, like Texas, have specific restrictions on the types of foods that can be sold under cottage food laws, such as only allowing the sale of pickled cucumbers and not other pickled vegetables.

Finally, it is important to understand the limitations of cottage food laws. For example, if your product is not covered by the Cottage Food Law, or if your earnings exceed the maximum limit (which varies by state), you may need to obtain a food license and consider other requirements such as zoning, permits, and packaging.

Frequently asked questions

Cottage food laws allow people 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 other consumers. These laws are intended to eliminate burdensome zoning, licensing, and permitting requirements and reduce startup costs for small entrepreneurs selling low-risk foods.

This depends on the state, as each state has its own variations for what is allowed under their cottage food law. In general, only non-perishable foods that do not require refrigeration are allowed. Baked goods, honey, jams, jellies, and dry foods like grains, fruits, spices, and vegetables are usually permitted. However, meat products, beverages, and foods that require refrigeration, like cheesecakes and custard fillings, are prohibited.

Cottage food laws usually specify a list of labeling requirements, which is a subset of federal labeling requirements. Labels must typically include the weight or volume, the producer's name and address, the words "this item is home-produced", and a list of ingredients in order by weight.

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