Oregon Domestic Kitchen Can you legally sell food from home in Oregon?

Cottage Food Law

Setting up a domestic kitchen is a relatively complex and expensive process, but they give producers a lot of freedom once they are setup.

Those who want an easier setup and fewer requirements (but more restrictions) can use Oregon’s cottage food law, and those who grow the primary ingredient in their products may be able to use the Farm Direct law.

Oddly, there are two different licenses for domestic kitchens: one for bakeries, and the other for producers who want to make other items. Either way, an annual license fee and kitchen inspection is required.

Fortunately, after getting a license, there are few restrictions. Producers can sell anywhere, with no sales limit, and most types of food are allowed.

Table of Contents

Selling Allowed Foods Limitations Business Labeling Workplace Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Restaurants Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order Wholesale

Prohibited Services

Catering

Allowed Foods What food products can you sell from home?

Bread

Bagels Breads Brownies Cake pops Cakes Cookies Cupcakes Donuts Macarons Muffins & Biscuits Perishable baked goods Pizzelles Rolls Scones Sweet breads Tortillas Waffles Wedding cakes

Candy

Brittles Candies Chocolate Cotton candy Fudge Truffles

Condiments

Honey Ketchup Mustards Nut butters Oils Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Extracts Fermented foods Frozen produce Hardboiled whole eggs Juices

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Meat jerkies Low-acid canned foods

There are probably more prohibited foods, but the ones above have been confirmed

If you want to produce certain acidified foods, your products must be tested by a process authority, and you must be trained by a Better Process Control School (see Business section).

Almost any kind of food is allowed, including products that require refrigeration. There are three main types of food that cannot be produced at home:

Low-acid canned goods
Certain dairy products (ice cream, cheese, yogurt, etc.)
Certain meat products

Some products are exempt from ag department licensing:

Candy, candied apples, and other nonperishable confections*
Coffee, tea, and other nonperishable drinks* (does not include fresh fruit juice)
Honey
- All direct sales to a consumer are exempt
- Indirect sales (wholesale) are exempt if the producer owns no more than 20 hives, but the producer must apply for the exemption
Pet food that does not contain meat

* must be sold in individual-sized portions, for immediate consumption only

Limitations How will your home food business be restricted?

Limitations

Children restricted No domestic activity Pets restricted Primary residence

There may be more limitations, but the ones above have been confirmed

There is no sales limit

Business What do you need to do to sell food from home?

Kitchen Inspection

Before getting a license, a representative from the Oregon Department of Agriculture must inspect your kitchen. Here is a list of requirements they look for before approving it. Once approved, your inspector will give you an application for a license.

Domestic Kitchen License

There are actually two different types of licenses — one for a bakery and the other for a food processor. If you only make baked goods, you need to apply with license type 11, and if you make other items, like jams and jellies, you need license type 16. If you make both baked goods and other items, you only need license type 16.

The application is not online — you will receive one after you have completed your approval inspection.

Licenses expire on June 30, and they must be renewed each year. The fees are not prorated if you start later in the year, so July is the most ideal time to start your business.

Business License

You must obtain a business license before you get inspected.

Better Process Control School Training

If you want to make certain acidified foods, you must attend a course at a Better Process Control School. Contact the Food Science Department at Oregon State University at 541-737-3131.

Acidified Foods Testing

If you want to make certain acidified foods, you must get them tested by a process authority.

Private Well Testing

If you have a private well, it must be tested before you get inspected.

Private Sewer Testing

If you do not use a public sewage system, you must have your septic system checked before you get inspected.

Labeling How do you label cottage food products?

Label Requirements

Business address Business name Ingredients Net amount Product name

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, OR 73531

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)

NET WT 2 lb 4 oz (1.02 kg)

If the product is perishable, the label must also include an expiration date.

Oregon Labeling Information

Workplace Are there any home kitchen requirements?

The supplies for the operation must be kept separate from those used for personal use, and medical supplies may not be stored in the domestic kitchen.

Non-employees are not allowed in the kitchen during preparation.