Anaya Nolan
The Cottage Food Law allows people to prepare and sell certain foods from their homes without requiring a license. However, the types of food that can be sold vary by state. For example, in Michigan, only non-potentially hazardous foods that do not require time or temperature controls for safety, such as uncooked fruits and vegetables, are permitted. On the other hand, New Jersey allows the sale of many types of non-perishable foods, and cottage food makers can even request approval to sell additional types. While each state has different rules, there are some common requirements across states, such as the need for safe food handling, packaging, and labeling practices.
| Characteristics | Values |
|---|---|
| Location | The Cottage Food Law applies only to foods made in the kitchen of your primary residence. |
| Food Type | Non-hazardous foods that do not require time or temperature control for safety. |
| Examples | Baked goods, fruit butter, jam, jelly, preserves, pickled fruits and vegetables, dry goods, grains, spices, dehydrated herbs, and vegetables or fruits. |
| Training and Licensing | Requirements vary by state. Some states require food safety training and licensing, while others do not. |
| Sales | Direct-to-consumer sales are common, with some states allowing online sales, sales at events, farmers' markets, roadside stands, and even across state lines. Annual sales caps also vary by state. |
| Labeling | Proper labeling is required, and some states mandate approval from the health department. |
| Taxes | Sales tax licenses and income taxes may be required, depending on the state and local regulations. |
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What You'll Learn
Non-hazardous foods
Examples of non-hazardous foods include:
- Dry good snacks like popcorn, caramel corn, and granola.
- Non-creamy or meat-free baked goods such as biscuits, bread rolls, and tortillas.
- Pickled fruits and vegetables, sauerkraut, and vinegar-based products.
- Home-processed and home-canned fruits and vegetables with a pH below 4.6.
It is important to note that some states have specific requirements for cottage food producers. For instance, Michigan prohibits cooked vegetable products like salsas and tomato sauces under its Cottage Food Law, while Colorado offers free pH testing for producers of certain pickled and vinegar-based products. Additionally, while gluten-free baked goods are not specifically prohibited under Michigan's Cottage Food Law, a new federal rule increases liability if a consumer with Celiac disease becomes ill from the product.
To ensure compliance with local regulations, it is recommended to consult specific state and local guidelines for cottage food laws and to consider obtaining a food handler's card or completing food safety training programs offered by universities or local health agencies.
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Gluten-free baked goods
The Cottage Food Law allows food entrepreneurs to operate small food businesses and produce a variety of food products that are low risk from a food safety standpoint. These food products must be non-potentially hazardous foods that do not require time and/or temperature controls for safety. They must also be stored following safe, good handling guidelines.
In Michigan, many home bakers sell gluten-free baked goods at local farmers' markets under the Cottage Food Law. This law allows bakers to sell products from a kitchen that has not been inspected, as long as they adhere to labeling laws. A complete list of ingredients must be provided for any item sold at a market. Additionally, Michigan does not allow cottage food businesses to ship their products or sell to stores, restaurants, or coffee shops.
It is important to note that while there is nothing in the Cottage Food amendment to the Michigan Food Law that prohibits labeling and selling baked goods as gluten-free, there is a federal rule that increases liability if someone with Celiac disease gets sick from the product. This rule places the burden of proof on the baker to demonstrate that their product meets the federal standards, including labeling and sanitation requirements. To reduce liability and assure the gluten-free nature of their products, many licensed food processors use entirely separate facilities to process gluten-free items.
In Colorado, Cottage Food producers can take advantage of free pH testing for various products, including pickled fruits and vegetables, sauerkraut, and vinegar. This service helps ensure that recipes are appropriate and safe for consumers.
In Minnesota, individuals interested in becoming Cottage Food producers can register and sell food under the Cottage Food Law if they meet certain requirements, including selling allowed food types, proper training, and labeling.
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Non-perishable foods
Some examples of non-perishable foods that are commonly allowed under cottage food laws include:
- Baked goods: breads, muffins, scones, biscuits, bagels, donuts, tortillas, cakes, cupcakes, etc. However, perishable baked goods like cheesecakes, cream pies, and custards are generally not permitted.
- Confectionery: hard candies, fudge, chocolate, caramels, brittles, toffee, and cotton candy.
- Condiments: syrups, honey, ketchup, mustard, nut butters, oils, and vinegars.
- Dried foods: nuts, baking mixes, dried soups, dried fruits, dehydrated vegetables, granola, tea, coffee, and dried pasta.
- Preserves: jams and certain types of canned goods, although low-acid canned goods are often prohibited.
It is important to note that cottage food laws vary from state to state, so it is crucial to check the specific regulations in your state. For example, Alabama allows the sale of almost any type of non-perishable food, while Wisconsin only permits canned goods and Oklahoma restricts sales to certain types of baked goods. Additionally, some states, like Texas, specifically exclude meat products, beverages, and foods that require refrigeration from their cottage food laws.
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Pickled fruits and vegetables
Pickling fruits and vegetables is a great way to preserve fresh, in-season produce for year-round consumption. Pickling adds a tangy flavour to the produce, which can be enjoyed as a snack or used as a condiment for sandwiches, salads, and grain bowls.
Pickling is a process that can be done at home, and it is a popular way to make the most of the vegetables in your garden. Pickling vegetables is also a way to add flavour diversity to your crop and allow your fresh vegetables to last longer.
When it comes to vegetables, almost any veggie can be pickled! Some popular options include cucumbers, carrots, beets, turnips, radishes, kohlrabi, onions, cauliflower, peppers, asparagus, green beans, and okra. You can also get creative and experiment with different spices and herbs to infuse unique flavours into your pickles. For example, you can add garlic to pickled green beans or spice up pickled jalapenos with various seasonings.
Fruits can also be pickled, and some options include blueberries, peaches, and watermelon rind. Pickled peaches, for instance, can be a unique addition to ice cream or chutneys, or they can be enjoyed as a snack.
If you plan to sell pickled goods under the Cottage Food Law, there are specific requirements to follow. The production must take place in the unlicensed kitchen of your primary residence, and the products must be stored there as well. Additionally, only non-potentially hazardous foods are allowed, meaning they must have a pH of 4.6 or below to prevent the rapid growth of microorganisms. Proper training, labelling, and direct sales to consumers are also crucial aspects of complying with the Cottage Food Law.
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Jams, jellies, and preserves
In terms of specific requirements for jams, jellies, and preserves, the rules can vary. For example, in Arizona, specific rules are set by the Food and Drug Administration (FDA) regarding the types of fruits that can be used in each product. Fruit jellies, for instance, can be made with apples, apricots, blackberries, and a variety of other fruits. Additionally, there are specific weight ratios that must be followed for the fruit and sugar content in these products.
To ensure food safety, some states like Colorado offer free pH testing for cottage food producers, including for pickled fruits and vegetables. Other states, such as Michigan, offer online Cottage Food Law Food Safety Training programs to educate those wishing to prepare and sell foods under the Cottage Food Law. This training covers safe food production, packaging, labeling, storing, and transportation.
It's worth noting that some states may have additional requirements, such as Minnesota, which allows the sale of non-potentially hazardous foods with a pH of 4.6 or below. This includes home-processed and home-canned pickles, vegetables, or fruits. Overall, it's important to familiarize yourself with the specific rules and regulations of your state before starting a cottage food business.
When selling jams, jellies, and preserves under cottage food laws, proper labeling is typically required. This often includes information such as the weight or volume of the product, the producer's name and address, a statement indicating that the item is home-produced, and a list of ingredients in order of weight. By following these guidelines, individuals can safely and legally produce and sell jams, jellies, and preserves under cottage food laws in their respective states.
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Frequently asked questions
Examples of food that can be sold under Cottage Food Laws include:
- Non-creamy or meat-filled breads like biscuits, bread rolls, and tortillas
- Dry good snacks like caramel corn, popcorn, and granola
- Non-potentially hazardous foods with a pH of 4.6 or below, meaning they are acidic, or a water activity of 0.85 or less, meaning they are dry or have a high sugar or salt content
- Pickled fruits and vegetables
- Dried and dehydrated herbs, herb mixes, vegetables, or fruits
- Jams, jellies, preserves, and fruit butter (following the Federal Food Code)
Foods that cannot be sold under Cottage Food Laws include:
- Fermented foods and beverages, such as kombucha tea
- Salsas and tomato sauces
- Cooked vegetables, whether fresh or canned
- Charcuterie boards containing meat and cheese
- Products containing meat, poultry, or fish
- Pet food and medical/health supplements for humans or pets
- Products with more than 3% alcohol
Requirements for selling food under Cottage Food Laws vary by state but may include:
- Registering as a cottage food producer and organizing the business as a recognized business entity
- Obtaining a sales tax license and collecting sales tax
- Completing food safety training and obtaining a food handler's card
- Properly packaging and labeling food with specific information and disclaimers
- Selling food directly to informed end consumers in allowed locations and staying within annual sales caps
No, the Cottage Food Law applies only to foods made and stored in the unlicensed kitchen of your primary residence.
There is no specific prohibition on labeling and selling baked goods as gluten-free under Cottage Food Laws. However, there is increased liability if someone with Celiac disease gets sick from your product, and the burden is on you to prove your product meets the federal labeling and sanitation standards. Therefore, it is essential to ensure your kitchen is gluten-free prior to and after each use.
