David Crabill
@david
active 13 hours, 24 minutes agoForum Replies Created
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Thanks Jeremy, that’s really good to know, and it’s nice that Colorado’s chosen that interpretation. I feel like I called them a few years ago about this and got a different answer. It’s always good to double check!
Texas is very specific about what’s allowed and since syrups are not on the list, I don’t think they’re allowed.
The purpose of the home address is so health officials can find where a product was made if there is a complaint. This is a common practice across the nation, and I’ve never heard of anyone who had an issue with it (though many have expressed privacy concerns). If you are uncomfortable placing your address on your labels, then you shouldn’t use the cottage food law, and instead use a commercial kitchen with a commercial license.
No — the food must not require refrigeration. http://forrager.com/faq/#commercial
The law says that only direct sales are allowed, which I take to mean that the producer needs to hand the product to the consumer. It may be okay for a family member to deliver the product, but maybe not. The upcoming amendment specifies that an LLC can have no more than two owners, and in that case, I would think that either owner could deliver the product.
You should consult the health dept for an official interpretation, but mine is no delivery via shipping, employees, or friends. This law was really intended for individuals who keep their business local and run everything themselves.
First of all, I think it’s unlikely that savory jams would be allowed under this law. The types of canned goods you can produce must have an appropriate combination of sweet and/or acidic. I don’t think there’s an instance where your jams or jellies could include vegetables. This resource should help explain what’s allowed.
To learn more about what foods are allowed and what permits/licenses you need to get, you ultimately need to start by talking to your environmental health dept. There isn’t really any consistency between counties, but Cristin’s guide provides a good starting point for things you should be aware of.
I believe that your zoning manager can prevent your home business, but in this case, it sounds like he may just be unfamiliar with the law. I’d recommend you call the state ag dept and try to connect the person there with your zoning manager, so he can understand that these home businesses are legal, and even common.
The ag dept is responsible for enforcing the cottage food law, so if they don’t know, then I sure don’t. You basically need to find out if they will allow you to make food with alcohol in it, and if so, do you need to get an alcohol license? You can also try contacting the Alcohol Division to see if they know.
Yes, you can advertise any way you want, but you can’t sell online.
The ag or health dept doesn’t issue CFO certificates. The only definite requirement that I’m aware of is the sales tax certificate: http://forrager.com/law/louisiana/
There may also be some other local requirements before you can start: http://forrager.com/faq/#starting
It’s illegal to run a lemonade stand in most parts of the country, without the proper permit and equipment. As far as selling non-perishable foods, like cupcakes, the cottage food law in your state would specify whether that’s possible. Regardless, zoning laws typically prevent people from advertising their businesses in a neighborhood, so they wouldn’t be able to setup a stand in front of their house. If you care about being completely legal, you should contact your health or ag dept.
Despite the laws being fairly strict, many people open these types of stands, and although some get shut down by the police, there are usually not serious consequences. The consequences might be more severe if your stand was open on a regular basis.
