Oregon Farm Direct Can you legally sell food from home in Oregon?
Cottage Food Law
The Farm Direct Bill in Oregon is for processors that grow the primary ingredients of what they produce, and it allows them to bypass licensing and fee requirements. For instance, this law would work well for an individual that grows strawberries in their garden and wants to sell the strawberry jelly they make at home.
The law limits farm direct marketers to $20,000 per year of sales of acidified foods, and it limits the types of foods allowed to mostly canned goods and produce. This law isn’t for everyone, but Oregon does have a cottage food law and domestic kitchen laws that allow almost anyone to sell certain types of food out of their home.
Selling Where can you sell homemade food products?
Farm direct marketers can allow other farm direct marketers to sell some types of foods on consignment.
Allowed Foods What food products can you sell from home?
The only ingredients which may be purchased and added to your products (other than the primary ingredients that were grown by the producer) are herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey, and sugar. Garlic, onion, and celery are not allowed, as they do not qualify as spices.
Producers may not commingle their grown goods with other producers.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
If your recipe for an acidified food does not use an approved process, you must get your product testing by a process authority.
Although no licensing is necessary, farm direct marketers must maintain records for some types of products, including batch testing. The records must be maintained for three years.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"This product is homemade and is not prepared in an inspected food establishment"
"Not for resale"
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)
Contains: milk, eggs, wheat, soy
NET WT 2 lb 4 oz (1.02 kg)
Certain foods require a slightly abbreviated statement on the label: “This product is not prepared in an inspected food establishment” and “Not for resale”
Workplace Are there any home kitchen requirements?
Some processing of your products can happen on-site at an event, like roasting peppers, grilling corn, or popping popcorn. However, these items cannot be sold for immediate consumption.
Resources Where can you find more information about this law?
- Job Title
- Operations & Automation Specialist
- Food Safety Program, ODA
- Job Title
- Food Safety Inspector & Cottage Food and On-farm Specialist, Oregon City
- Food Safety Program, ODA
- January 2012
- HB 2336
By far one of the most informative websites I’ve come across online. I’m interested in offering meat dumplings at the local farmers market in Oregon. Am I allowed to prepare these meat dumplings at my home under any of Oregon’s cottage or domestic kitchen laws? I didn’t see any mention of meat products.
No, you can’t sell any homemade products that contain meat. You need to produce your dumplings in a commercial kitchen. http://forrager.com/faq/#commercial
I’m getting ready to open a bnb i bake my own breakfast products . If i get a cottage licence, can I sale my baked goods to the public if they come in to the bnb to purchase.
Bnbs have special rules that allow them to serve customers meals from a residential property. I’m not sure if you can run a bnb and also be a CFO. If you can, then you should be able to sell your products to the public. I’m not sure of the answer, so you should talk to the ag dept.
Can we sell baked goods at the Farmers market without preparing at a inspected food establishment? I’m confused because the “sample label” shown has the disclaimer on it.
Yes — this law is designed for farmers who use their uninspected home kitchen to prepare food for sale.
Am I understanding correctly that a farmer can not pick his own apples, crush them up and squeeze out the juice and sell fresh apple juice or cider from his own farm without a license? What kind of license(s) would this require? Thanks man.
I know it sounds ridiculous, but yes, that is correct — you cannot sell it without a license. Oregon is actually one of the only states that even allows someone to sell homemade apple juice (as opposed to it being made in a commercial kitchen). You can do this by getting a food processor license for your domestic kitchen: http://forrager.com/law/oregon/
Confusing stuff to say the least. Oregon Law will now allow farmers to advertise the sell of raw milk from their farm, directly to consumers. Every other mention of milk products seems to be very murky as to the true answer, other then “ask the dept of ag”, but I will ask you anyway. Can a farmer make and sell raw and/or cooked cheeses from his milk? Can they sell Kefir Milk, made by inoculating Raw Milk with Live Kefir Grains? And if you do not know, can you direct me somewhere, other then calling the Dept of Ag since they are not very helpful, to a site that has the answer? Thanks, this is a great website!
Well if the ag dept doesn’t know the answer, then I sure don’t. Aside from reading the law, which you seem to be familiar with, and calling them myself, any advice I could give would be based on this resource: http://www.ij.org/ORMilk
Other than that, I simply don’t know, nor do I have anywhere to point you to, other than a generic recommendation of trying to find other raw milk sellers and asking them. Raw milk falls outside of cottage food laws and it’s generally out of my range of expertise (or intuition), so it would be hard for me to even make educated guesses about derivative products to raw milk, which is likely a gray area case. Sorry I can’t be of more help.
I am wondering if I can sell lemonade at my farmers market booth? or juice from fruit grown on my farm? Or lemonade that contains juice grown on my farm? I make teas with herbs grown on my farm and mix it with fresh lemon juice, or juice from fruits grown on my farm- can I sell any of these at my booth at the farmers market without a license? Immediate consumption vs. Sale in a jar for later consumption? Thanks in advance for any help!
You cannot do that with this law, and I don’t think you could produce the juice at home. You probably need to use a commercial kitchen, and you should call the health dept about the licenses you would need. http://forrager.com/faq/#commercial
Would pickeled eggs qualify
They may be allowed, but your production process would probably need to be checked by a process authority. I’ve added more info about that above, as well as a couple good contacts who should know more.
I have a farm in Oregon where I grow cabbage, onions, herbs, and other ingredients to make kimchi (a fermented food like sauerkraut). One of the lesser ingredients, Korean Chili Powder, I have to get online. I also use our drinking well water. Would I be able to sell this under the Farm Direct program at local farmer’s markets in Oregon?
I’m really not sure… if it was allowed, it would need to be canned and not require refrigeration. The chili powder shouldn’t change whether or not this is allowed. You need to call the ag dept to get verification on kimchi, and please let us know what they say.
I am a farmer in Oregon. I would like to sell my dehydrated Kale Chips at our local farmer’s market. I grow the Organic Kale, garlic, onions, and bell peppers that are part of the ingredients for the Kale Chips. I do, however, also use cashews and nutritional yeast in the “sauce” that I coat the Kale with before I dehydrate the Kale. My question is : With these two ingredients does that cancel the “Farm Direct” status?
The two ingredients wouldn’t cancel your farm direct status, but chips like this simply aren’t allowed under this exemption. You can sell dried vegetables, but you can’t process the vegetables like this.
I am a farmer here in Oregon who grows a variety of hot peppers and tomatoes. I am interested in selling salsa and fresh ground chile powder at the farmers markets. I purchased a travel trailer last year to use as my kitchen & office since I do have cats and dogs in my house. The trailer would be pet free but not sure of the first steps I would need to take to sell my salsa at the farmer’s markets here in Oregon. Can I have my kitchen in the trailer Ceritified at a ” Cottage Kitchen”.
Here is an excerpt from the law: “Every step necessary to prepare the farm direct products for sale will be conducted in a facility located where the farm direct products were grown.” Usually states limit production to a home kitchen, but I suppose that if your trailer is on your farm when you’re preparing the products, this would also work. However, it sounds like you were hoping to produce while traveling, and that would not be allowed. You should check with the ag dept to confirm that producing your products from a trailer would be okay, if you still want to do this on your farm.