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New Jersey

This state does not yet have a cottage food law, so you cannot sell homemade food!

New Jersey does not have a cottage food law, but they have been trying to get one passed since 2009. The same bill (A1244 / S136) moved from one session to the next from 2009 to 2015, and it passed the assembly in later years.

There are many factors that could prevent a bill from passing, but in NJ there is only one: Senator Vitale, the Chairman for the Senate Health Committee. He has been single-handedly preventing bills (that are unanimously passed by the assembly) from being put up for a vote in the senate. Why? Because he does not personally agree with the bills, and he’s stated that his position is unlikely to change in the future.

Despite this, 2016 was a breakout year for cottage foods in New Jersey. Vitale’s solo mission to stop cottage foods in his state stirred up considerable controversy and media attention. A new cottage food bill (A3618 / S3292) was written, which was more specific and restrictive than the former ones. It would have allowed the sale of home-baked goods from home or at events, with a $50,000 annual sales limit. Because of the extreme circumstances, the group behind this bill got the Red Tape Review Commission involved to help resolve the issue with Vitale. However, like the bill before it, this one passed the assembly unanimously, only to be stopped again by Vitale. The bill is now in the current legislative session as A2354/S671.

However, the group supporting the bills has shifted their focus to take legal action against the state. New Jersey is following in the footsteps of Minnesota and Wisconsin, by trying to file a lawsuit to allow the sale of homemade baked goods. At this point, it seems to be the most likely option for changing things in this state.

For more information, you can check the lawsuitwebsite, newsletterFacebook page or Twitter feed for updates. To support the progress being made, you can sign this petition.


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Just started researching Cottage Food Operation in New Jersey and I’m not too clear on its meaning. Does this law apply to a Home-Based Food Catering business, as well as for baked goods? Can you clarify for me, please, would I be able to establish this type of business as an LLC type business, and at that point would it then be allowed in the State of New Jersey?

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