The first day of Autumn is approaching quickly; and home bakers are preparing for the upcoming farmers market season. However, before cottage food producers break out their muffin pans, it is advisable to brush up on cottage food laws and regulations.

Most states have cottage food laws; allowing for individuals to produce certain food products in their homes. These laws are meant to address food safety risks while also promoting economic opportunities for the growth of local businesses and increased access to locally sourced foods.

Cottage food laws exempt certain cottage food operations that meet specific conditions from state-level inspection and licensing requirements. Common elements of the laws from state-to-state include restrictions and guidance on:

• Types of food products produced and sold (often limited to those associated with lower food safety risks).
• Limitations on sale locations and direct or indirect sales.
• Packaging and labeling requirements (ex. extent of ingredient and nutrition facts needed).
• Limits on total sales.
• Registration, licensing and permitting requirements.

Specific laws and requirements vary significantly among the states but are often located on the state’s Department of Agriculture or Department of Health website. However, because states continue to introduce new cottage food laws, amend existing ones, and may even have laws governing specific cottage food operations (i.e., home bakeries), individuals interested in setting up a cottage food business should consult an attorney familiar with the laws and pending legislation in their state.

(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)