Cottage Food Laws and Home Bakeries
If you want to open a home bakery, or any kind of home food business (legally referred to as "home food processing"), the Cottage Laws that have been enacted across the country are big news. The number of states having a Cottage Food Law has gone from 14 in August of 2010 to 30 in October of 2011, with four more states working to pass Cottage Food Bills. Given the speed at which most state governments work, that's a sweeping change. There's even talk of a Federal Cottage Food Law.
What this means is that you can now legally have a home bakery in most of the states of the union. In other words, so long as you are making "non-hazardous foods" you can generally do so in a kitchen that does not have a commcercial license. Do note that each state's Cottage Food Law has slightly different rules and definitions, so you will still have to get the specifics about how the Law is applied in your state. Call your local Health Department and they can give you the most recent details, along with some help deciphering what some of the legalese means.
Note that it is possible, even in a state with a Cottage Food Law, for a local city or town government to ban home food production. This is yet another excellent reason to call your city or town hall and ask to speak to the Health Department before you ever get serious about opening a home baery. You should also know that even if your state has a Cottage Law in place, you will probably still have to get a license and possibly have your kitchen inspected. In other words, just because your state has a Cottage Law does not mean you can just start selling your home-baked goods.
This list is accurate as of October 16, 2011. Here is the list of states that have Cottage Food Laws:
Arizona
Arkansas
Florida
Illinois
Indiana
Iowa
Maine
Massachusetts
Michigan
Mississippi
Missouri
New Hampshire
New Mexico
North Carolina
Ohio (You can make anything that does not include diary, and you can not make salsa, relishes, etc. Jams and jellies are allowed. Your label must include all ingredients, including the ingredients of your ingredients... like what's in the peanut butter of your peanut butter cookies. You can sell to restaurants and retail stores. You want to ask for a home bakery license, and this will require an inspection. The key things to pass the food inspection are no carpets and no pets in the kitchen.)
Oregon
Pennsylvania
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama*
Kentucky*
New Jersey*
New York*
Tennessee*
*These states have restricted Cottage Food Laws
These states do not have Cottage Food Laws. You can not have a home bakery in these states unless you are able to rent space in a licensed commercial kitchen.
Alaska
Connecticut
Delaware
Hawaii
Idaho
Kansas
Louisiana
Minnesota (you can sell "non-hazardous" foods, which would include jams, jellies, cakes, cookies, fruit pies, breads, and maple syrup at farmer's markets without a license.)
Montana
Nebraska
North Dakota
Oklahoma
Rhode Island
South Carolina
South Dakota
Georgia (Georgia does not have a Cottage Food Law, but it does allow home food production of "low risk" foods. The Georgia Food Freedom Act is still pending, but if you can work within the Georgia Food Safety rules you may still be able to get by.
These states have pending Cottage Food Laws. However, they all do have petitions that you can sign to show your support for the legislation being passed:
California (there is a bill pending)
Colorado
Maryland
Nevada
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Cottage Food Laws and Home Bakeries
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Bakery Equipment - What You Need to Start Your Bakery
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