We’ve touched on the subject of food safety laws and regulations on this blog numerous times before. Today we’d like to throw in a few additional potentially useful ideas and resources for those of you considering starting certain types of artisan food businesses.

Yesterday I had a fascinating and thought-provoking conversation about “Cottage Food Laws” with Detra “Denay” Davis. Detra is listed on the Book, and is also an Ambassador. She teaches and instructs bakers, food artisans, farmers and rural families on how to start a bakery or cottage food business from home.

She is also a book author (“Little Black Book of Pies”,  “How to Operate a Home-based bakery”), a Raleigh Food Examiner and has written extensively on the subject of Kitchen Incubators (check out this impressive list of rental kitchens that she has  compiled).

Cottage food laws are well-defined categories of food products which are allowed to be produced in a home without need of a commercial kitchen – they allow food entrepreneurs to sell their goods without significant start-up capital. These laws vary from state-to-state (here is an example of these laws in Ohio), and many states don’t have cottage foods at all. Denay sent me an article (see below) that I thought would be great to share with you.

The Cottage Law brings us back to the basics

The term “cottage” originally referred to the family cottage, a place familiar to most rural communities; described as a source of pleasure, family bonding, and individual rest and relaxation. When we refer to the “Cottage law” we are addressing legal tools employed by a state government to establish a legal arrangement for low risk food production prepared at a home residence.

A “Cottage Food Production Operation” involves a person using their own kitchen facility to produce food items that are not potentially hazardous, including bakery products, jams, jellies, candy, dry mixes, spices and some sauces.

“Cottage laws” are different for every state so home-based bakers and food processors should check with their individual state regulatory agency to learn about specific rules, regulations and labeling requirements. It should be noted that there are states that have no “cottage law” and simply do not allow home food processors to produce food products from home; a licensed commercial kitchen must be use.

A “Cottage Food Production Operation” may or may not be exempt from inspection and licensing.  For example in the State of North Carolina a Compliance Officer from the North Carolina Department of Agriculture and Consumer Services will come to the food processors home and inspect it, that is not always the case, however many food products, including those produced and packaged by a “Cottage Food Production Operation”, may be subject to food sampling conducted by the regulatory agency to determine if a food product is misbranded or contaminated.

There are currently 13 states (Alabama, Indiana, Iowa, Kentucky, Maine, New Hampshire, North Carolina, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, and Utah)  that allow home-based baking and food processing and it is imperative that potential home food processors contact the regulatory agency in their state if they plan to prepare foods for public consumption.

Not all areas of a state allow home food processing. The is a gray area involving individual cities, counties and towns with regard to “cottage laws” which may disallow home-based baking and food processing, thereby requiring the food processors to only prepare food from a licensed commercial kitchen.

Unfortunately, the laws are not consistent, and it is the responsibility of the individual food processor to learn what laws and regulations are applicable to their residence. Food processors are allowed to sell their products at Farmer’s Markets, to the general public and in some cases wholesale depending on the regulatory agency rules for sales and distribution. There is really no way of knowing how many home-based bakers and small food processors there are across America, however one thing is for certain, today the consumer’s desire for homemade, back to the basics type foods with no preservatives or additives, along with the need for local organic produce, opens the door for all food entrepreneurs ready and willing to become essential commodities in their community.

Detra “Denay” Davis
Cooking With Denay
denay@cookingwithdenay.com
www.cookingwithdenay.com