cottage food law
With spring in full swing and summer just around the corner, many producers may be considering selling produce, meats, cottage foods and baked goods directly to consumers at the farm property. A question we often hear from farmers thinking about these types of farm food sales is, “do I need some type of license or inspection to sell food from the farm?” The answer to this question depends upon the type of food offered for sale:
- Sales of foods such as fresh produce or cottage foods do not require a license.
- Sales of certain types of baked goods require a home bakery license.
- Sales of multiple types of foods or higher risk foods require a farm market registration or a retail food establishment (RFE) license.
- The home bakery license, farm market registration, and RFE license involve inspections of the production or sales area.
It is important for a producer to carefully assess the food sales situation and comply with the appropriate licensing or registration requirements. To do so, a producer should identify the type and number of food products he or she will sell and whether the food poses low or high food safety risk.
Our new Law Bulletin, Selling Foods at the Farm: When Do You Need a License? will help producers assess their situations and determine their needs for appropriate licensing, registration, or inspections. Read the bulletin on http://farmoffice.osu.edu, here.
The Ohio Department of Agriculture (ODA) has revised regulations that implement Ohio’s Cottage Food Law, which addresses the production and sale of certain “non-potentially hazardous” foods. An operation producing a “cottage food” may do so without licensing and inspection by ODA, but must follow labeling requirements and is subject to potential food sampling by ODA.
Changes to Ohio’s cottage food regulations include the following:
New cottage food products
Several new food items have joined the list of cottage food products that an operator may produce without licensing or inspection by ODA:
- Flavored honey produced by a beekeeper, if a minimum of 75% of the honey is from the beekeeper’s own hives;
- Fruit chutneys;
- Maple sugar produced by a maple syrup processor, if at least 75% of the sap used to make the maple syrup is collected directly from trees by the processor;
- Waffle cones dipped in candy;
- Dry soup mixes containing commercially dried vegetables, beans, grains, and seasonings.
Foods that are not cottage food products
Two revisions clarify foods that do not fall under the cottage food law:
- Fresh fruit that is dipped, covered, or otherwise incorporated with candy;
- Popping corn.
Fruit in granola products
If adding fruit to granola, granola bars, or granola bars dipped in candy, which are all cottage food products, the fruit must be commercially dried.
The new regulations became effective January 22, 2016. View the cottage food regulations at http://codes.ohio.gov/oac/901%3A3-20. Read our other posts on Ohio’s Cottage Food Law at https://farmoffice.osu.edu/blog-categories/food.