David Crabill
@david
active 2 days, 1 hour agoForum Replies Created
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Holly, I don’t think you’ll make much progress until you contact the health dept directly. It doesn’t appear that this will get added to the approved food list anytime soon.
From what I have heard about OK, sales may only be made at your home. That makes the law very restrictive and it’s an unfortunate interpretation, as that info isn’t actually built into the law itself. However, I would say that it wouldn’t exclude you from making a sale at home (like a cake), and then delivering it on event day. But I don’t think you can exchange money anywhere other than in-person at your house.
You need to use the cottage food law of the state where you live, and usually cottage food laws prevent you from selling in other states.
You need a commercial license: http://forrager.com/faq/#commercial
The law says that you cannot “sell” online, and that’s all it says. I’d say that if you’re not collecting money online, then you’re not making a sale. If you do a preorder over your website with no money changing hands, and then exchange the money face-to-face, that should be legal.
Often an EIN isn’t required for a company that doesn’t hire employees, but you might as well get one if your county is asking for it — it’s very easy and free. You can register as a sole proprietor when you apply for your business license, though some businesses opt for a corporation: http://forrager.com/faq/#llc
You can see the CDPH’s clarification in question 9 of their FAQs. The last sentence in that question, about selling outside your county, is no longer true for direct sales, which can now be made anywhere within the state.
Sorry, I’m really only familiar with the laws for items produced from home… food trucks have a completely different set of laws. I’d recommend you talk with the health dept to determine the easiest path for you to take (which probably wouldn’t involve the cottage food law, since you already have a food truck).
Angel, have you read the info on this page: http://forrager.com/law/florida/
I think that will answer most of your questions, and here’s some more info about getting started: http://forrager.com/faq/#startingYou will need to make sure that the goods you make do not require refrigeration, and all of your sales will have to be in-person. Let me know if you have other questions after checking out those links.
Generally speaking, any type of food that needs to be refrigerated is not allowed. Homemade mayo and garlic/oil mixtures are not allowed, and you would need to use a commercial kitchen to produce them. http://forrager.com/faq/#commercial
