Arizona Can you legally sell food from home in Arizona?
Cottage Food Law
LAW UPDATE
Since this page was last updated, Arizona has improved their cottage food law with a new bill (SB 1022).
Most importantly, the new bill allows most non-perishable foods to be sold (not just baked and confectionary goods).
Arizona has one of the most successful cottage food programs of any state, with over 6,100 businesses registered as of May 2017. This success is in large part because Arizona has a very good cottage food law, and it continually gets supported and promoted by the health department. They have an excellent website that explains their cottage food law, and they even created a video to educate people about it.
Although this law is very flexible, it only allows producers to sell baked or confectionary goods. Therefore, some commonly allowed items in other states, like jams and jellies, are not allowed in Arizona. Otherwise, producers are fairly unrestricted: they can sell at any venue within the state, there is no sales limit, and getting started is relatively simple. The online registration process is very easy (and free), and most producers also need to get a food handler card before starting their business.
About half of these registered businesses are in Maricopa County, and that is the only county that restricts these operations from selling to food establishments, like retail stores and restaurants. However, in 2014, they amended some of their ordinances to loosen the restrictions.
Unlike all other states, Arizona’s law specifically caters to facilities for developmentally disabled individuals. A facility can use the law to allow their residents to make food products for sale, without them needing to go through individual training or licensing.
Selling Where can you sell homemade food products?
Maricopa county used to disallow the sale of homemade food at food establishments (coffee shops, restaurants, etc), but as of mid-2014, they started allowing some of these sales. You should contact their environmental health department to learn more.
Allowed Foods What food products can you sell from home?
All “baked” or “confectionary” non-potentially hazardous foods (non-PHFs) are allowed. In addition to the above, candied nuts are also allowed. Frostings cannot contain any dairy ingredients (learn more here). Chocolate-covered strawberries (as well as any other non-PHF dipped in chocolate) are approved. If you want to produce a baked or confectionary food that is not allowed, but that you believe to be a non-PHF, you can get it tested in a lab and submit the results to the health department for consideration. To sell pet food or pet treats, you need to contact the Department of Agriculture, Environmental Services Division.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
Before starting your business, you must register online with the health department.
Most counties require a food handler card, but some do not. If it’s required, you must get a food handler card from your county before starting your business. The process for each county is different, and this page has information for specific counties (you can also check this helpful map). Generally, the food handler courses are $10 – $20, and that usually covers a period of 1 – 3 years. Some counties split the costs, charging $10 for the course and $5 for the card. There are special rules in place that allow food production in facilities for developmentally disabled individuals. In this case, only the supervisor overseeing the production needs to get the food handler card.
When you start a business, there are many government departments that you may need to contact. Please see Page 2 of this newsletter for a list of these departments.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
The label must say something about it being made in a private home
Forrager Cookie Company
123 Chewy Way, Cookietown, AZ 73531
Phone: (123) 456-7890
Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)
You may optionally include an email address instead of a phone number. If applicable, the label must state that it was made by individuals with developmental disabilities. Here is some more information about labeling.
Workplace Are there any home kitchen requirements?
Here is a list of production guidelines.
Resources Where can you find more information about this law?
- Department
- Arizona Department of Health Services
- homebakedgoods@azdhs.gov
- Telephone
- 602-542-1025
- Address
- 150 North 18th Avenue
Phoenix, AZ 85007
Food Safety and Environmental Services Division
- July 2011
- HB 2103
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Comments
Mia
I have a wonderful homemade recipe that is simply potstickers in a clear broth (Potsticker soup). Can I sell this online if I delivered in person?
Bradley Cunningham
How in the world do you say “Arizona has a very good cottage food law,” in one breath and in the next “it only allows producers to sell baked or confectionary goods. ” This would seem to be the epitome of a very bad cottage food law!