David Crabill
@david
active 2 days, 14 hours agoForum Replies Created
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Yes definitely! All non-perishable candies and confections are allowed in Arkansas.
Here is some info about that: https://forrager.com/faq/#repackaging
Basically, yes you can do this with unwrapped candy. You mentioned “variety”… the variety resulting from combining candies should be enough of a change for you to not worry about copyright. And I’d also consider how branded the product is in the first place. If it’s a generic brand, I wouldn’t worry about it. But if it’s a branded product with lots of marketing dollars spent to brand it, then I wouldn’t resell it in its exact form. For instance, I use Guittard chocolate in my business, and I could get a wholesale account with them. But I wouldn’t buy their chocolate wholesale and then resell it in a smaller package. I hope that makes sense!Putting cake mix on the label is definitely not sufficient. You need to copy the ingredients from the box to put on your label.
Tennessee is one of the only states that doesn’t seem to require things to be individually packaged. But I do think they’d prefer individual packaging where that’s reasonable or expected. A bulk container situation would be common with baked goods, like bread (donuts, bagels, etc). An example where an item wouldn’t be prepackaged but also wouldn’t be sold in bulk would be cotton candy made on-the-spot.
But, there is nothing in the law that requires items to be individually packaged. The main intent of the law is that the customer is informed. So in cases where items are not packaged and labeled, the label and ingredients need to be on the bulk container or a placard to notify the customer.
You can sell fresh, uncut produce without needing any permit. The only restriction, to my knowledge, are sprouts… those are regulated. You could sell under your LLC but you likely don’t have to.
I can’t say that I’ve researched it, but I suspect that many of those laws (I live in CA, so I’ve seen the effects of some of them) would only apply to producers of a certain size.
On top of that, I find that many cottage food producers choose to use the environmentally-friendly packaging regardless, to give their products a higher perceived value. But that would only work in some markets. Or they just do it for personal reasons, even if their margins are lower as a result.
From what I’ve seen, there are viable alternative packaging options for pretty much every use case. The only question is cost. And I suspect that in the locations where the extra cost isn’t feasible, the likelihood of there being a law is much lower.
Plus, if a law is requiring all food producers to use a certain type of packaging, then it bumps the costs for all producers, and therefore bumps the expected costs for consumers. The cottage food producer likely only needs to be willing to adjust their pricing accordingly.
Running a bake sale for a charitable cause falls under different rules, but in this case it sounds like the funds would be for your family’s use (not donated to a nonprofit).
So in that case, if we want to get really technical, the answer is yes, in CA you’d need a permit to legally sell baked goods, and zoning laws might prevent you from selling out of your front yard.
In more practical terms, what you are trying to do is extremely common, and almost nobody is going to stop you or complain. In fact, if anything, they will support you! This is especially true if your kids are helping run the operation. I’d personally say go ahead and don’t worry about the legalities.
Now, if this turns into a weekly thing, and/or you start to sell elsewhere, that’s where I might suggest looking into getting your cottage food permit.
In most states, that would not be allowed since cut potatoes are perishable foods, whether raw or cooked.
However, in your state of Illinois, this is allowed! The main caveat is that you cannot ship them… you can only sell them directly to customers. I suggest reading through the notes in Illinois’ food section to better understand what is and is not allowed. For instance, topping them with salt and olive oil is allowed, but topping them with garlic and olive oil is not allowed. https://forrager.com/law/illinois/#food
Yes they are allowed. And you would copy the entire ingredient list from the Skittles bag.
I see now. Have you contacted the ag dept to verify that they do, in fact, permit home food processing establishments? The law is there in theory, but I still have yet to see one implemented. I know a number of counties don’t allow them at all.
So if they will allow one with zoning approval, then I think it’s just a matter of education for the zoning board. Of course the entire point of having the home food processing establishment law is to allow these types of businesses in residential zones. You are correct that that type of business is separate from a commercial food business. However, it’s usually possible to have a commercial kitchen permitted on a residential property, especially one the size of yours. So the difference really shouldn’t matter from a zoning perspective. The difference in the eyes of the ag dept is that the former allows you to use your home kitchen, while the latter requires you to build a separate kitchen.
The person in charge of zoning probably hasn’t dealt with this before. He’s correct that a traditional bakery wouldn’t be allowed in a residential zone. That’s what he’s familiar with so his response makes sense. But if you understand what the zoning board cares about, it should be quite doable to get them to realize that you actually should be allowed to receive a zoning variance. They want to make sure that your business doesn’t make a residential zone start to feel like a commercial one. Since you are mainly looking into wholesale accounts, you can specify that you either won’t have customers coming to your property, or specify limits on how many customers you will allow per day. Both restrictions are commonly found in laws and ordinances across the country, and work well to meet the needs of both zoning boards and CFOs.
Who is requesting that you get a zoning variance? Is it your city/county to approve a general business license? Or is it your HOA? Considering the nature of the lots in your HOA and your plan to be delivery only, I would be surprised if the HOA board disallowed your business, even if there’s something in the CCRs saying you can’t run a home business. If it were me, I don’t think I’d even mention it to them. It would be different if you lived in an HOA with homes close together.
