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Utah Can you legally sell food from home in Utah?

Cottage Food Law

Utah has two laws that allow for the sale of homemade food. This page is for Utah’s food freedom law, also known as the Home Consumption and Homemade Food Act (HB 181), which became law in 2018. Utah also has a cottage food law, which allows sales at more venues.

Utah’s law closely follows the food freedom law in neighboring Wyoming, but it has more restrictions. The main additional restriction is that while Wyoming residents can sell directly to a consumer anywhere in their state, Utah residents can only sell from home, at special farmers markets, and other “locations agreed upon” by the producer and consumer. Therefore, sales at festivals, events, and roadside stands would likely not be allowed.

Otherwise, Utah’s law is quite generous. Producers can sell almost any type of food, excluding raw milk and some items that include meat. Utah and Wyoming are the only two states that allow such an extensive array of food items.

Also, the law exempts producers from any kind of licensing or government oversight (aside from needing to get a general business license, in some areas). Producers do not need to get inspected, there is no sales limit, and the labeling requirements are very minimal.

Most producers will use this law, but those who want to sell at events, retail stores, and roadside stands can do so by using the older cottage food law, which is much more complicated and expensive to setup.

Selling Where can you sell homemade food products?

You cannot sell at regular farmers markets, unless it has a separate section for homemade food vendors. You can sell also sell at “direct-to-sale farmers markets”, which are markets that only have homemade food vendors.

The law states that you can only sell at “a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by both a producer and the informed final consumer”. Therefore, selling at other direct venues, like festivals, events, and roadside stands, is likely not allowed, because there is no prior agreement between you and the consumer.

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Allowed Foods What food products can you sell from home?

Almost all foods are allowed, except these prohibited foods:

  • Raw dairy or raw dairy products
  • Most meat products

Although most meat products are prohibited, these are allowed:

  • Poultry and poultry products, if you slaughter no more than 1,000 birds per year
  • Domesticated rabbit meat

If you sell poultry or poultry products, you must follow the USDA’s document titled “Guidance for Determining Whether A Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act“.

Limitations How will your home food business be restricted?

Limitations
There is no sales limit

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

Business License

Check with your county to see if you need to get a general business license.

The law exempts you “from state, county, or city licensing, permitting, certification, inspection, packaging, and (most) labeling requirements”.

Labeling How do you label cottage food products?

Sample Label

This product is not for resale and was processed and prepared without state or local inspection


Forrager Cookie Company

123 Chewy Way, Cookietown, UT 73531


Contains: milk, eggs, wheat, soy


In addition to the label requirements, you must “inform the final consumer that the food or food product is not certified, licensed, regulated, or inspected by the state or any county or city”.

In addition to disclosing allergens on the products that contain them, you also need to include a statement saying that your products were produced in a location that handles common allergens, including milk, soy, wheat, eggs, peanuts, tree nuts, fish, or shellfish.

Resources Where can you find more information about this law?

Law Dates
May 2018
HB 181

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Utah Forum Got questions? Join the discussion

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This forum contains 5 topics and 12 replies, and was last updated by  David Crabill 4 years, 4 months ago.

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Comments

How would I go about selling homemade Ice Cream to a local small business? This website talks about non-perishable items, what about perishable food items such as Ice Cream? Are there different requirements?

I know this is a cottage food info site, however was wondering if you know then would someone be able to use a health department approved establishment to produce items such as the macaroni salad, sauerkraut, salsa, etc. For example a local pizza joint/restaurant hosting my production of fresh made salsa? Ingredients would include canned, stewed tomatoes, jalapenos, cilantro, garlic, salt and/or mango, canned corn, canned black beans. I make awesome salsas and have been strongly encouraged by many to market it.

Hello,
A year ago I talked to Rebeca about getting a Permit for food Cottage, but in between my work and moving to a new house, things got complicated and I left my projects aside. But I would like to continue taking on my project and finish it this time. 
Though I still want to do at least 1 label for a product that I want to introduce, i would like first to get started with Custom/On Demand ( Full Services) Foods. But to finish completing my application, I need to finish writing the Business Plan, which I am a little confused with: 
1. What kind of format do you expect, should I hire an expert in business, or can I do it my self? 
2. If it is Custom, do I have to write each individual recipe that may or may not be used? This can be a little confusing because cakes and sweets will be made to liking of the clientele.
3. Should I start registering my business, before the aplication?
thanks 

    These are all questions that would be better addressed if you called Rebecca, but here’s my take:
    1) You can do it yourself
    2) Not sure
    3) I’d recommend you try to get the application from Rebecca, and then if she requires a business license before proceeding, go ahead and get that. If you do it in the wrong order, someone will eventually correct you.

Thank you for all the great information on this page. I’ve been toying with the idea of starting a small food business out of my Sanpete county home and this is very helpful.

Is it possible to have travel trailer certified as a cottage kitchen? We have indoor pets and would not be able to use our home kitchen, but I would be willing to purchase a travel trailer for the sole purpose of cottage foods.

Why are internet and mail order sales limited to Utah? I see fudge, cupcakes etc on etsy and other sites that allow homemade items, and they do not say only for sale if you live in whatever state you live in. Also why would a product that is already approved have to be saved for 14 days? I don’t think anything saved for that long would test well.

    It is because each state has different rules about these kinds of sales, and the federal food code does not allow homemade goods to be sold, so they are not applicable across state lines. It is true that many people do interstate sales of homemade foods illegally through Etsy and the like.

    Utah and New Mexico are the only states I know of that has you keep a sample for that long. I believe the reasoning behind it is that if a customer calls the health dept with a complaint about your food, then that dept can use the label to find where it was produced and then ask you for the sample from that batch so they can test it and figure out what the problem is. Even though a 14-day-old sample might not be very fresh, remember that all your products need to be non-potentially hazardous, meaning that they won’t grow harmful bacteria when left unrefrigerated. Bread might get moldy but it’s still not technically hazardous, whereas meat after 14 days would have all sorts of harmful bacteria growing on it.

Your application and checklist links aren’t accurate. Is there a way to update those, or give directions as to where we could find them? Thanks! And thanks for the great information!

Do you know if it is a requirement to use bleach to sanitize countertops/utensils/etc? Or can other sanitizers (ie botanical cleansers or disinfectants) be used?

    Other sanitizers can be used, if they are approved. As detailed in this document, you need to have sanitizer test strips anyway to ensure that your sanitizer is safe. This should be something your inspector covers when they visit your home.

I am the program coordinator for the Utah Cottage Food Program. Some of the information on your web site is incorrect.

For example, dogs are allowed in the home if the operator can demonstrate that they are permanently restricted from entering the kitchen (such as with gates or closed doors on second kitchens).

Sales of cottage food products are restricted to only within the state, and this includes internet and mail order sales.

Your list of accepted products includes several that are probably not able to be made, including relishes, salsa, and sauerkraut.

Finally, your example label is not correct, in several particulars. Several ingredients lack the required constituent ingredients, the allergen list is missing “soy”, which is present in the product, and the net weight is missing the weight in ounces (which is required for all weights up to 4 pounds). And for a package that large, the net weight would probably need to be in larger type, as well.

Your page is a good resource, but needs to offer correct information.

Rebecca Nielsen
Utah Department of Agriculture and Food

    So, sauerkraut is not an allowed item? Why is that? Even if it is lacto-fermented & lab tested? What about other lacto-ferments?

    From what I gather from Rebecca’s comments, food that is non-potentially hazardous is allowed, but it would be difficult to make sauerkraut to be a non-PHF. I know that other states allow sauerkraut, so my guess is that it can be done. In general, vegetables need refrigeration once they’ve been cut… the acidity level of sauerkraut is what would keep bacteria from growing, but it needs to have the right amount to be safe.

    Hi Rebecca,

    I make a macaroni salad that many people have said I need to market. I did not see macaroni salad on the approved list. Am I out of luck?

    Thank you,

    Ron

    Ronald, macaroni salad usually has mayonnaise and other PHFs in it, so it would not be allowed to make from home as a cottage food. Generally, if something needs to be refrigerated, it won’t work.

    Quick follow up on sauerkraut, relish, salsa, etc.. Is it something which could be sold if pressure canned?

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